NEW INDIA ASSURANCE COMPANY LTD. THROUGH ITS LEGAL CELL THROUGH ITS ASSISTANT MANAGER Vs. SMT. MANORMA SINGH AND ORS.

JUDGEMENT

(1.) The present appeal has been filed against the Award dated 17.7.2009 passed by the Motor Accidents Claims Tribunal, Allahabad in Claim Petition No. 3 of 2003 filed by the claimant-respondent Nos. 1 to 4 on account of death of Sidhpal Patel in an accident which took place on 10th July, 2002 at about 4.00 a.m. The case of the claimant-respondent Nos. 1 to 4 was that the said Sidhpal Patel was going for selling vegetables (Arui) in Allahabad Mandi on the vehicle in question (namely, Truck No. UP-72-A-6967); and that as soon as the vehicle in question reached Nava Purva Dhal, Allahabad Phaphamau Bridge, the vehicle in question overturned on account of rash and negligent driving of the driver of the vehicle in question resulting in serious injuries to the said Sidhpal Patel; and that the said Sidhpal Patel was taken to Swaroop Rani Nehru Hospital where the said Sidhpal Patel died.

(2.) The claim petition was contested by the appellant-Insurance Company as well as by the owner of the vehicle in question (respondent No. 5 herein) by filing written statements.

(3.) The Tribunal framed five issues in the claim petition.