NATIONAL INSURANCE CO. LTD. Vs. JAGBIRA

JUDGEMENT

(1.) This is an appeal by insurer of offending Tempo registration no. UP 12K-3227 against the award dated 12.3.2012 in MACP Case no. 397 of 2009 Jagbira and others Vs. Bhagwan Sharma and others, whereby MACT/Addl. District Judge, Court no. 11, Muzaffarnagar has awarded a sum of Rs. 4.08 lacs along with pendente lite simple interest @ 6% per annum.

(2.) It appears that on 28.1.2009 deceased Ravindra Kumar was traveling in Tempo registration no. UP 12K-3227, which was being driven by its driver rashly and negligently and when it reached near Sahawali nala at about 3.00 p.m. it turtled injuring the passengers sitting therein including Ravindra Kumar, who succumbed to the injuries in District Hospital, Muzaffarnagar. The report of the accident was lodged in P. S. Nai Mandi and post-mortem examination of the deceased was conducted. The claimants have alleged that 34-years' old deceased was mason earning Rs. 6,000/- per month and due to his untimely death all the claimants who were dependants on him and are his legal representatives have suffered financial crisis. The tempo was owned by opposite party no.1 insured with O.P. no. 2 and O.P. no. 3 was driving tempo at the time of accident. The claimants had preferred claim for Rs. 35.32 lacs. The opposite parties no. 1 and 3 did not prefer to contest the claim petition. However, the opposite party no. 2 had denied all the allegations of claimants including the insurance of the offending vehicle. They have further stated that the driver of the vehicle was not having a valid and effective driving license and claimants are required to prove that the vehicle had valid permit, fitness and insurance policy. In order to prove their case, the claimants have examined Smt. Suman (widow of the deceased) PW 1, Dhani Ram PW 2, Satpal PW 3, Jagbira PW 4 and Narendra Kumar. They have also filed certified copies of FIR, site plan, post-mortem report, charge-sheet against opposite party no. 3, vehicle release application and order dated 4.4.2009 passed thereon, photo copy of driving license of opposite party no. 3, R.C., permit and insurance cover-note of the tempo issued by opposite party no.3. The opposite parties did not adduce any oral evidence. However, the opposite party no. 3 had filed certified copy of cover note of vehicle for the period from 23.7.2008 to 22.7.2009. The learned Tribunal after analysis of the evidence adduced by the parties has found that the offending vehicle was insured with the appellant; that the driver of the vehicle possessed valid and effective driving licence on the date of accident and the other documents of the vehicle were also valid. It has been further observed that the instant accident took place due to rash and negligent driving of offending vehicle by its driver and the deceased suffered death on account of fatal injuries sustained by him in the instant accident, and awarded compensation as stated above and has saddled the liability to pay compensation on the appellant. Aggrieved the insurer has come up in appeal.

(3.) We have heard the learned counsel for the parties and perused the impugned award.