ORINTAL INSURANCE CO LTD Vs. KAMLA DEVI

JUDGEMENT

(1.) This is an appeal by the insurance company against the judgment and award dated 29.11.2001 passed by Motor Accidents Claims Tribunal, Additional District Judge, Bareilly in Motor Accident Claim Case No. 575 of 1998 awarding compensation of Rs. 2,50,000 along with 9 per cent interest in favour of the claimants-respondent Nos. 1 to 5.

(2.) Briefly the facts of the case as set out in the claim petition are that on 17.9.98 at about 9.30 a.m. when the deceased Ashok Pal Singh was going on his cycle, a truck No. UP 25-7419, which was allegedly being driven rashly and negligently, hit the cycle of the deceased. In the said accident the deceased received fatal injuries. It was further stated that after hitting the cycle, the truck got unbalanced and dashed against another truck which was parked by the side, and thereafter it hit a transformer. The claimants-respondent Nos. 1 to 5 who are the widow, three minor children and mother of the deceased, claimed compensation of Rs. 5,00,000 from the owner of the truck (respondent No. 6) as well as the appellant insurance company on the ground that the deceased Ashok Pal Singh was aged about 30 years and was earning Rs. 3,500 per month.

(3.) The owner of the truck did not contest the claim petition. The insurance company filed its written statement and contested the claim. The insurance of the truck in question was not denied by the appellant insurance company, however, it was pleaded that the driver of the truck did not have a valid driving licence and hence there was violation of the terms and conditions of the policy of insurance and as such the insurance company was not liable for payment of compensation.