ORIENTAL INSURANCE CO. LTD Vs. NOOR BANOO

JUDGEMENT

(1.) HEARD Sri Anil Srivastava learned counsel for the appellant and Sri Balendu Shekhar learned counsel for the opposite parties. The present first appeal from order has been filed by the Oriental Insurance Company Ltd. against the judgment and award dated 29.9.2011 passed by Motor Accident Claims Tribunal/Additional District Judge Court No. 3, Lucknow, by which Motor Accident Claim Case No. 567 of 2009 was partly allowed by learned Tribunal below and awarded Rs. 3,11,700 to be paid by the Oriental Insurance Company Ltd.

(2.) IT has been mentioned in the claim petition that claimant's daughter Kumari Heena died on 23.10.2009 at about 9.00 a.m., while she was going to do domestic work in Indra Nagar and when she reached near in front of Sushma Hospital Truck No. U.P. 41T -0261 being driven rashly and negligently by its driver hit Kumari Heena due to which she become seriously injured and succumbed to the Injuries, while shifting to the hospital. It was mentioned in the claim petition that she was earning about Rs. 3,300 (Rupees three thousand three hundred) per month by doing household core in several houses. The claim petition was filed for compensation of Rs. 8,00,000 (Rupees eight lakhs only).

(3.) ORIENTAL Insurance Company Ltd. filed the written statement stating that the truck driver was not having proper and valid driving licence at the time of accident. Registration certificate, road permit and fitness certificate, has also not been filed. Hence, the insurance company is not liable to pay any compensation. The vehicle was being plied in contravention of the Insurance Policy. The accident occurred due to the negligence of the victim as being minor she was crossing the road without any guardian.