J.K.AGARWAL Vs. UMA DEVI AND OTHERS

JUDGEMENT

(1.) This appeal is filed Under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and order dated 10.11.1989 passed by Vth Additional District Judge, Barabanki in Motor Accident Claim Petition No. 12 of 1982.

(2.) The brief facts of the case are that the deceased Aqbal Bahadur Singh was traveling in a Metador No. U.T.I. -6708 from Barabanki to Faizabad. When he reached near Kuda Saadatpur on Faizabad Road (Police Station-Rudauli) had collided with a Truck No. U.R.K. 3761. The said truck was towing another Truck No. UP-X 3448. In the accident, the deceased along with two other persons namely the driver and cleaner of the Metador had died on the spot. The Truck No. U.R.K. 3761 is owned by the petitioner. The same was insured from M/s. Oriental Fire and General Insurance Company Limited, Kanpur.

(3.) The Tribunal in its impugned order observed that the driver of the Truck did not appear before the Tribunal to give his evidence and it is not known whether he was having a valid driving licence or not. The towing of another Truck is violative of the terms and conditions of the Insurance Policy. So, the liability of the accident was fixed on the Truck owner for Rs. 2,44,054 along with interest from the date of filing of the claim petition.