UNITED INDIA INSURANCE CO LTD Vs. SHADMA BEGUM

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal dated 25.5.2001 directing the appellant to pay a sum of Rs. 3,24,000 as compensation to the claimants-respondents.

(2.) The claim petition was filed with the allegations that Nasim Ullah alias Toni (deceased) was going with his wife and three minor daughters from Delhi to Ali-garh by his Maruti car No. DL C-B 0305. The truck Tata No. HR 26-7992 coming from the opposite direction, dashed against the Maruti car, with the result Nasim Ullah died leaving behind him, his widow and three minor daughters. It was alleged that the accident was caused due to rash and negligent driving of the truck driver. The petition was contested by the appellant on various grounds. It was alleged that the truck in question was not insured with the appellant on the date of the accident. The accident was not caused due to rash and negligent driving of the truck driver. The Tribunal, on assessment of evidence, came to the conclusion that the vehicle in question was insured by the appellant on the date of the accident. The accident was caused by the truck driver and on assessment of evidence, came to the conclusion that the appellant was liable to pay compensation of Rs. 3,24,000. This order has been challenged in the present appeal.

(3.) We have heard Mr. A.K. Srivastava, the learned counsel for the appellant and Mr. S.S. Chauhan, learned counsel for the claimants-respondents,