NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANITA

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 14.7.2011 passed by the Motor Accidents Claims Tribunal, J.P. Nagar in Motor Accident Claim Case No. 50 of 2003 filed by the claimant-respondent nos. 1 and 2 on account of the death of Sheoraj Singh in an accident which took place on 27.12.2002 at about 1.30 o'clock in the night.

(2.) The case set-up in the Claim Petition was that on 27.12.2002, the said Sheoraj Singh, after unloading tomatoes, was brining Canter bearing Registration No. UP 03/3484 from Amroha to Moadabad; and that when at about 1.30 o'clock in the night, the said Sheoraj Singh reached in front of C.L. Factory, a Tata 407 bearing Registration No. DL-1LA/4081 (hereinafter also referred to as "the vehicle in question"), which was being driven by its Driver rashly and negligently, came from the direction of Moradabad and hit the said Canter, as a result of which, the said Sheoraj Singh and others were injured; and that while the said Sheoraj Singh was being taken to Delhi, he died on the way.

(3.) The respondent no.3 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question.