NATIONAL INSURANCE CO LTD Vs. JAI DEO SINGH

JUDGEMENT

(1.) Heard Shri R.C. Sharma, learned counsel for the appellant and Mr. Rajendra Jaiswal, learned counsel appearing for the claimant respondents.

(2.) In brief, the deceased Pradeep Kumar Singh alias Dipu Singh while going from Unnao to Bahurajmau alongwith one Manoj Singh suffered with an accident on 25.11.2000 at about 10.30 a.m. with Jeep No. U.P. 35-A/7510. It has been stated that the driver of the jeep was driving the vehicle rashly and negligently and in consequence thereof, the accident occurred. In the said accident, the pillion rider of the motor-cycle suffered with grievous injuries and later on Pradeep Kumar Singh alias Deepu Singh succumbed to the injuries. The deceased was aged about 20 years and was a student of B.Com. The monthly income has been stated to the tune of Rs. 3,000/- per month. A First Information Report was lodged and the dependents of the deceased approached the tribunal for payment of compensation for an amount of Rs. 7,55,000/-.

(3.) The tribunal has framed four issues, out of which issue No. 1 relates to the accident alleged to have occurred on 25.11.2000 at about 10.30 with jeep. Issue No. 2 relates to insurance of the jeep and issue No. 3 relates to driving licence. The tribunal recorded a finding that the accident was occurred because of rash and negligent driving of Jeep No. U.P. 35-A/7510. The prosecution has produced oral witnesses, i.e. PW 1 Jaidev Singh, claimant petitioner and P.W.2 Rajveer Singh. Shri Rahul Bajpai, owner of the vehicle himself appeared as D.W. 1 whereas on behalf of the appellant National Insurance Company, one Sanjay Trivedi appeared as D.W. 2. The factum of accident was duly proved by the witnesses. It has also been proved that the jeep was insured by the appellant insurance company and after the accident, Sanjay Bajpai had moved appropriate application for payment of insured amount to the appellant insurance company.