ANGAD TIWARI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This is a claimants appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, the Act) seeking enhancement of the award made by the Motor Accident Claims Tribunal (for short, the Tribunal).

(2.) The facts giving rise to this appeal are these: On 28/3/2012 at about 02:30 p.m., one Rahul Tiwari was on board a Vikram tempo bearing Registration No. UP-42AT-2014 owned by his father, Angad Tiwari. He was proceeding on board the said vehicle along with some of his friends in a funeral procession from Gonda to Ayodhya. The tempo was moving on the left side of the road towards Ayodhya. As the vehicle reached near village Balapur on the Nawabganj-Katra Road within the local limts of P.S. Nawabganj, District Gonda, Rahul Tiwari met some relatives of his. The tempo was parked on the left hand side of the road and Rahul Tiwari was engaged in a conversation with the relatives. Suddenly, a tanker bearing Registration No. HR38K/0913 came on from the Nawabganj side driven recklessly at a high speed. The tanker hit the tempo and those standing around it, leading to Rahul Tiwaris death besides that of some others on the spot. Still others from amongst occupants of the Tempo were left injured. The deceased was employed on a vehicle bearing Registration No. UP43T/1057 as a Khalasi, a job that yielded him an income in the sum of Rs.7000.00 per mensem. He further 2earned a sum of Rs.3000.00 per month from his agricultural pursuits. The deceased Rahul Tiwari, therefore, had a monthly income of Rs.10,000.00.

(3.) A First Information Report about the accident was lodged, giving rise to Crime No. 115 of 2012, under Ss. 275, 337, 338, 304A and 427 IPC, P.S. Nawabganj, District Gonda. It is on the basis of these facts that the two claimants here, who are the father and the mother of the deceased Rahul Tiwari, instituted a claim petition before the Motor Accident Claims Tribunal, Faizabad. They claimed in compensation for the untimely death of their son, a sum of Rs.21,60,000.00 together with interest. The National Insurance Company Limited, Civil Lines, Faizabad through its Manager were impleaded as opposite party no. 1 to the claim petition, who are respondent no. 1 to this appeal. Smt. Urmila Rungta, who was the owner of the offending vehicle-tanker, was impleaded as opposite party no. 2 to the claim petition and respondent no. 2 to this appeal. Both the Insurance Company and the owner filed their separate written statements. The Insurance Company and the owner both denied the involvement of the offending vehicle. The owner further pleaded that the driver of the offending vehicle, Prahlad had a valid and effective driving licence on the date of accident and the vehicle was insured with respondent- Insurance Company from 14/1/2012 to 13/1/2013. The liability, if any, would, therefore, fall on the shoulders of the Insurance Company.