ORIENTAL INSURANCE COMPANY Vs. SAVITRI DEVI

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicle Act 1988 (In short the 'Act') has been preferred by Oriental Insurance Co. Ltd dissatisfying with an award dated 29.8.2006 passed by Motor Accident Claim Tribunal / Fast Track Court No. 1, Bahraich (In short 'Tribunal') in Motor Accident Claim Petition No. 39/70 of 2001.

(2.) The relevant facts for deciding this appeal in short are that one Pradeep Kumar was coming back to his house along with his Nana Sant Ram after easing himself and when crossing the Gonda-Bahraich road in village Udharna Thakurain, District Srawasti on 25.8.1999 at about 10.30 AM a Mahindra Pick- up Jeep having registration no. UP-45/1782 driven by its driver Rajendra Singh (Respondent no.3) in a rash and negligent manner hit Pradeep Kumar , who received sever injuries and succumbed to injuries on the spot. The first information report of this incident was lodged by father of the deceased Dwarika Prasad (Respondent No. 2). On the same day at Crime No. 189 of 1999 under Section 279, 304 I.P.C. wherein the number of the vehicle was mentioned as UP 43-1782. Later on during investigation the jeep number was corrected and the vehicle number, by which accident said to have been occurred, was mentioned as UP 45-1782.

(3.) The parents of the deceased Pradeep Kumar, had filed a motor accident claim before the tribunal for award of compensation of Rs. 3,00,000/- on account of death of the deceased Pradeep Kumar who was aged about 6 years and student of Class-II. The petition was contested by driver Rajendra Singh, owner Raghwendra Prasad Mishra and Insurer Appellant by filing their respective written statements. Rajendra Singh in his written statement pleaded that he was not negligent in driving the vehicle. It was deceased who negligently crossing the road and the incident was occurred due to negligence of the deceased. He was having a valid and effective driving license having No. R-3068-G-N-D-99 issued from the office of R.T.O., Gonda. The same was valid from 22.07.1995 to 21.07.2015. The license was valid for driving private light motor vehicle. Raghwendra Prasad Mishra pleaded that the driver was not Rajendra Singh on the vehicle in question but driver was Umesh Chandra, who died in the year 2002, He was having valid driving license to drive the aforesaid vehicle. It was further pleaded that vehicle was dully insured with Appellant Insurance company under cover note no. 722503 with effect from 20.05.1999 to 19.05.2000. Although, the accident has been denied by owner but in the alternative it has been pleaded that even if it is found that owner is liable for any compensation in that event the Insurance Company would be bound to indemnify him to the extent of amount of compensation. It was further pleaded that the vehicle was being driven under all valid documents. The Insurance Company disowned his liability by pleading breach of terms of policy for want of valid driving licence with driver and other papers.