ORIENTAL INSURANCE COMPANY LTD Vs. KESAR SINGH BISHT

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the appellant/Oriental Insurance Company Ltd. against the judgment and award dated 12.10.2006 passed by M.A.C.T./District Judge, Udham Singh Nagar in M.A.C. No. 271 of 2004 Sri Kesar Singh Bisht and Anr. v. Smt. Purva Sharma and Ors..

(2.) BRIEF facts of the case are that on 22.07.2004, the deceased was travelling in Jeep bearing registration No. HP34A/1262 from Manikaran to Barsaini. At about 09:00 p.m., when the said jeep reached at Patel Office, suddenly, the driver of the jeep lost control over the same and it fell into the ditch. In the said accident, the deceased - Jagdish Singh Bisht died at the spot. According to the claim petition the deceased was 22 years of age and used to earn Rs. 7,500/ - by working in M/s Swastik Construction Company. The claimants are the parents of the deceased and dependents upon him. Hence, they have filed claim petition before the Tribunal for a sum of Rs. 15,00,000/ - as compensation in lieu of the death of their young son.

(3.) THE opposite party No. 2 - Oriental Insurance Company Ltd. also contested the claim petition by filing written statement before the Tribunal alleging therein that the vehicle was insured as goods carrying commercial vehicle but the same was used as a passenger vehicle on the date of accident. It has further alleged that the driver of the vehicle in question was not having the valid and effective driving licence. Therefore, the claim petition was liable to be dismissed against the present applicant/insurer of the vehicle. The opposite parties No. 3 and 4 are the brother of the deceased and they have admitted the allegations made in the claim petition and have no objection, if the amount of compensation is awarded in favour of the claimants.