ORIENTAL INSURANCE COMPANY LIMITED Vs. ANITA YADAV

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 20.7.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 836 of 2008 filed by the claimant Respondent Nos. 1 to 5 on account of the death of Sudheer Yadav in an accident which took place on 25th June, 2008 at about 1.45 A.M.

(2.) The case of the claimant Respondent Nos. 1 to 5 was that on 25th June, 2008 at about 1.45 A.M., the said Sudheer Yadav alongwith his friend Umesh Bisht was coming from Ghaziabad on Motorcycle bearing Registration No. UP 15 Q5814 and going towards his house situated in Meerut; and that as soon as they reached opposite G.I.C. Inter College, Meerut, a Truck bearing Registration No. UP 11 T2492 came from behind in a very rash and negligent manner, and hit the said Motorcycle, as a result of which both the said Sudheer Yadav and his friend Umesh Bisht fell on the road and sustained serious injuries, and on account of the said injuries, the said Sudheer Yadav died on the spot; and that at the time of the accident, the said Sudheer Yadav was aged 28 years, and he was in service at Eurotek Systems, Chhippi Tank, Meerut, and was earning Rs. 9,000/per month; and that Mukesh Kumar (Respondent No. 6 herein) was the owner of the said Truck while the Appellant Insurance Company was the Insurer of the said Truck; and that the accident took place on account of rash and negligent driving by the Driver of the said Truck, and therefore, the said Mukesh Kumar (Respondent No. 6 herein) as owner of the said Truck was vicariously liable for the wrong committed by his Driver in causing the accident; and that the Appellant Insurance Company being the Insurer of the said Truck was liable to satisfy the Award.

(3.) The said Truck has hereinafter been also referred to as "the vehicle in question".