UNITED INDIA INSURANCE COMPANY LIMITED Vs. INDRO

JUDGEMENT

(1.) Heard the learned counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 3,24,000 along with 9 per cent interest per annum to the claimants on account of the untimely death of deceased Virendra Singh, aged about 35 years, son of the claimants in the accident involving the offending motor vehicle, truck No. DEL 4719 insured by the appellant.

(2.) The claimants had come up with a case that on 19.5.1996 at about 6.15 a.m. in the vicinity of village Jeewana on Meerut- Baraut Marg, Police Station Binoli, District Meerut, while the deceased was coming from the jungle side to village Jeewana on cycle he met with an accident by the aforesaid truck, received fatal injuries and died on the spot. The accident had taken place as a result of the negligence on the part of the driver of the offending truck and the aforesaid accident could have been avoided had the driver of the said truck taken proper care, precaution and control over the steering. The deceased was an agriculturist and doing milk business. According to the claimants the deceased was the sole earner and the entire family was dependent on the income of the deceased and due to the sad demise the claimants suffered irreparable loss due to sudden and immature death of the deceased.

(3.) The learned counsel for the appellant submitted that the driver of the offending vehicle was Taimur Ali who had a fake driving licence. The owner of the truck has thus committed breach of the terms and conditions of the insurance policy.