UNITED INDIA INSURANCE COMPANY LTD Vs. BANO

JUDGEMENT

(1.) BY the Court. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 13.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 381 of 2003 filed by the claimant-respondent Nos.1 to 7 under Section 163A of the Motor Vehicles Act, 1988 on account of the death of Sabir in an accident which took place on 26th May, 2003 at 11.35 a.m.

(2.) THE case of the claimant-respondent Nos.1 to 7 was that on 26th May, 2003, the said Sabir with his wife and other passengers was going from Sisauli to Meerut on a Tempo bearing Registration No. UP15 K-1902; and that when at about 11.35 a.m. the said Tempo reached near Hasanpur Chauki, it stopped on its side for taking passengers; and that at that time, a Truck bearing Registration No. UP12-2730 coming from the direction of Garh, hit a Roadways Bus bearing Registration No. UP 15 C-5271 coming from the side of Meerut, and thereupon, having lost control, the said Truck hit the said Tempo, as a result of which the said Sabir and other passengers sitting in the Tempo sustained injuries; and that the said Sabir sustained fracture in his both legs and grievous injuries in his head; and that after the accident, the said Sabir was admitted in Bharat Nursing Home, and on the next day, the said Sabir was shifted to Medical College, and on 5th June, 2003 the said Sabir died on account of the said injuries. It was, inter alia, further stated in the Claim Petition that the said Sabir used to run Barber shop and earn Rs. 3,500/- per month; and that the said Sabir used to further earn Rs. 1,000/- by selling milk.

(3.) DHARM Singh (respondent No. 11 herein), who was stated to be the owner of the said Tempo (i.e. "the vehicle in question"), filed his Written Statement, inter alia, denying the averments made in the Claim Petition. It was, inter alia, further averred in the said Written Statement that the said Tempo was insured with the Appellant-Insurance Company for the period with effect from 3.12.2002 to 2.12.2003; and that the accident in question was the result of rash and negligent driving by the Driver of the said Truck; and that there was no negligence on the part of the Driver of the said Tempo.