KAMAL MARWAH Vs. OWENS BILT LIMITED

JUDGEMENT

(1.) Heard Sri Swetashwa Agarwal, learned counsel for the appellant. None appears for respondent no. 1 as Shri S.S.Nigam, learned counsel for the respondent conveys that client has already taken back the file. For a period of fifteen years none has appeared for Insurance Company, though duly served. We take up this appeal for final disposal as the claim petition filed was contending involvement of truck no. U.P. 08-3024. The claim petition was dismissed as the Tribunal answered issue no. 1 against the appellants, who have lost the only bread winner of the family.

(2.) This appeal, at the behest of the claimants, challenges the judgment/award dated 4.3.2006 passed by Additional District Judge (Court No.4), Meerut/Motor Accident Claims Tribunal, Meerut (hereinafter referred to as 'Tribunal') rejecting the M.A.C. No. 91 of 1998 preferred by the claimants.

(3.) Brief facts as culled out from the record are that the deceased was travelling in a taxi from Delhi to Dehradun with his colleague on 28.08.1997. At that point of time the truck bearing no. U.P. 08- 3024 came from the opposite side dashed with the car in which deceased was travelling. The driver of the taxi and two other people received several injuries, unfortunately the driver of the said vehicle died on the spot. Of the two the deceased Luv Kumar Marwah also received several injuries and was rushed to the hospital where he succumbed to injuries. The claimants filed claim petition and examined P.W.-1 and he died out of the injuries on 06.09.1997. He was taken to Sir Ganga Ram Hospital, New Delhi where he was in coma and on 06.09.1997 at the age of 51 years he died. He was Deputy General Manager in Oil And Natural Gas Corporation and was earning Rs. 30,000/- p.m plus L.T.C. and other allowances were also made available to him. Respondent no. 2 appeared before the Tribunal and filed his reply of denial contending that the claim petition could not proceed as the driver, the owner and the Insurance Company of taxi bearing no. D.L.1 Y- 1879 was not a party and contended that the accident occurred due to negligence of the driver of the car and not that of the truck. It was further contended that the driver of the taxi was also negligent and that the driver of the truck was not driving the truck in a rash and negligent manner and the truck was been driven against the Motor Vehicle rules in breach of policy condition. The owner of the truck M/s Owens Bilt Limited did not appear, did not file their reply.