AKHILESH KUMAR AWASTHI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal under Section 173 of Motor Vehicles Act, 1988, has been preferred against the impugned award dated 14.9.2007 passed in Claim Petition No. 93/2006 by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 8, Sitapur.

(2.) According to the appellant's counsel, the claimant respondent Shrawan Kumar, aged about 44 years, was an employee in a country liquor shop in Shah Jalalpur and having earning income of Rs. 5,000 per month. On 8.2.2006, the claimant respondent Shrawan Kumar was going from Jalalpur to Kamlapur in a tempo No. UP-34-B-4618. At about 9 : 15 a.m. when the tempo reached near village Sultanpur Kamaicha, it suffered with accident because of rash and negligent driving of the vehicle. The claimant respondent Shrawan Kumar suffered grievous injuries and during the course of his treatment, he lodged F.I.R. on 26.3.2006. However, on account of grievous injuries, left hand of the claimant respondent Shrawan Kumar, was amputated by the doctors.

(3.) The defence taken by the tempo owner is that the accident occurred because of fog while the truck was coming from reverse direction. The defence taken with regard to fog etc., was not accepted and it has been held that the accident occurred because of rash and negligent driving of the tempo. During the course of trial, from the statement of witness it came to light that the tempo was having 15 passengers though, the permit was only for six passengers. The statement of one of the passengers Sri Anup Kumar, was relied upon by the Tribunal, who stated that he was sitting in the tempo when the accident occurred. The Tribunal held that since the vehicle was carrying more than sanctioned passengers, hence insurance company may not be held responsible to pay compensation. The liability to pay compensation, has been shifted to the owner appellant because of violation of permit.