ORIENTAL INSURANCE CO LTD Vs. WHITE ROSE

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Deoria awarding Rs. 4,08,801 as compensation to the claimants-respondents.

(2.) The claim petition was filed by the claimants-respondents with the allegations that on 26.7.1992 at about 9 p.m. when Imtiaz, husband of claimant-respondent No. 1 and father of respondent Nos. 3 and 4, was going on his scooter, truck No. URO 9570 dashed against him with the result he received serious injuries and later on expired. He was aged about 28 years and was working as a Manager in U.P. State Tourism Corporation on a monthly salary of Rs. 2,700. He died leaving behind him his widow, a minor son, a minor daughter and mother. It was alleged that the accident was caused due to rash and negligent driving by the driver of the truck in question.

(3.) The appellant contested the claim petition on various grounds. It was pleaded that the vehicle in question was not insured with the appellant and further the accident was not caused by negligent driving of the truck in question and the amount claimed was excessive.