NATIONAL INSURANCE COMPANY LTD Vs. NATHU RAM SHARMA

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the judgment and order / award dated 6.4.2010 passed by the Motor Accidents Claims Tribunal, Etawah in Motor Accident Claim Petition No. 738 of 2008 filed by the claimant Respondent Nos. 1 to 3 on account of the death of Vijay Kumar in an accident, which took place on 25.10.2008.

(2.) It was, inter alia, averred in the Claim Petition that on 25.10.2008, the said Vijay Kumar boarded Bus No. UP75A7639 (hereinafter also referred to as 'the vehicle in question') after paying fare for going from Etawah to his house; and that when the said Bus starting from Etawah reached near Kachaura Ghat under Police Station Belari, District Etawah, the Driver of the said Bus did not slowdown the speed of the said Bus, and he could not see the black stone gitti spread on the road, and the said Bus suddenly overturned on the gitti, as a result of which, the said Vijay Kumar, aged 26 years, died; and that the Driver of the said Bus at the time of the accident was Rashid Ahmad, son of Mushtaq Ahmad; and that had the said Bus been driven by the Driver carefully and following Traffic Rules, the accident could have been avoided; and that the said Vijay Kumar was working on the post of Supervisor in Mohan Dairy, Mahavir Ganj, Auraiya for the last about two and half years.

(3.) The Claim Petition was contested by Smt. Shitla Devi, owner of the vehicle in question (Respondent No. 4 herein) as well as by the Appellant Insurance Company. In the Written Statement filed on behalf of the said Smt. Shitla Devi (Respondent No. 4 herein) through her Special Power of Attorney Holder, Arun Kumar, the averments made in the Claim Petition were denied. The involvement of the vehicle in question in the accident was denied. It was alleged that Vijay Kumar collided with some other vehicle and he died on account of his own mistake, and the liability could not be fastened on the vehicle in question and its Driver. It was further alleged that at the time of the alleged accident, all the papers in respect of the vehicle in question were valid and the Driver of the vehicle in question was having valid Driving License. It was further alleged that in any case, the liability for payment of compensation was on the Appellant Insurance Company.