MOHAN CHANDRA TIWARI Vs. AZAD

JUDGEMENT

(1.) The claimants have preferred this first appeal from order challenging the judgment and award dated 28.01.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Lucknow in Claim Petition No.384 of 2005, by which an amount of Rs.1,00,000/- has been awarded together with interest at the rate of 9 per cent per annum, if the payment is satisfied within thirty days, otherwise it would be 11.5 per cent per annum together with condition that the same shall be deposited by the two claimants in a Nationalized Bank for a fixed term of five years.

(2.) Brief facts of the case are that Km. Sunita Tiwari, aged about 17 years, met with an accident on 10.7.2006 at 6.50 a.m. near Mushi Pulia, Police Station Ghazipur, District Lucknow while she was going to her school on a bicycle. She was hit by? the driver of a truck bearing registration No.HR 38-H/3591, who drove it rashly and negligently, due to which she died instantaneously. An FIR was lodged. The claim petition was preferred against the owner and insurer by the parents, whom she was the only child. The owner did not contest the case, However, the Insurance Company contested the case inter alia on the grounds that the claim petition deserves to be dismissed for non-joinder of parties, as the driver has not been made a party and no accident took place; the truck was? being plied against the terms of insurance policy; the vehicle was not driven by the person having a valid driving licence, unless proved otherwise.

(3.) On the basis of the pleadings of the parties, the learned? Tribunal framed four issues. The claimants filed copies of registration certificate, insurance policy, driving licence, fitness certificate and route permit.