NEW INDIA ASSURANCE COMPANY LTD Vs. KHATOON

JUDGEMENT

(1.) The present appeal has been filed by the Appellant Insurance Company against the judgment and order/award dated 7.8.2009 passed by the Motor Accidents Claims Tribunal, Kanpur Dehat in Motor Accident Claim Petition No. 306 of 2006, filed by Smt. Khatoon (since deceased) (claimant-respondent No. 1) and Iqbal Ahmad (claimant-respondent No. 2) on account of the death of Shamsuddin in an accident which took place on 25.5.1993 at about 12.30 P.M..

(2.) It was, interalia, stated in the Claim Petition that on 25.5.1993, the deceased Shamsuddin alongwith other persons was coming back to his own village from village Kashipur, Bhaunara, Rura, Kanpur Dehat on a Tractor bearing Registration No. UP77A-1013 after attending a Tilak Ceremony; and that when at about 12.30 p.m. the said Tractor reached near village Niwada on G.T. Road under Police Station Billhaur, District - Kanpur Dehat, a Truck bearing Registration No. USE 4795 (hereinafter referred to "the vehicle in question"), which was being driven by its driver rashly and negligently, hit the said Tractor from behind; and that as a result of the collision, the said Shamsuddin suffered serious injuries, and consequently, died on the spot, and other occupants of the Tractor either died or sustained serious injuries; and that the Report of the accident was lodged at the Police Station Billhaur, which was registered as Case Crime No. 191 of 1993.

(3.) It was, interalia, further stated in the Claim Petition that the vehicle in question was insured with the Appellant Insurance Company, and the owner of the vehicle in question was Ehtesham Ali, respondent No. 3 in the present Appeal.