NATIONAL INSURANCE CO. LTD. Vs. NOOR FATIMA

JUDGEMENT

(1.) Present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dated 27.04.2009 passed by the Motor Accident Claims Tribunal, Lucknow in Motor Accident Claim Petition No. 243 of 2007 (Smt. Noor Fatima and others vs. Labir Singh Bisht and another), whereby a total compensation of Rs.12,73,560/- was awarded against the appellant insurance company along with interest @8% per annum.

(2.) The brief facts of the case are that on 11.11.2006 at about 2.00 am (morning), the deceased Syed Firoze Hasan was going on his scooter bearing No. UP 32/S-9238 from Mall Godam, Charbagh to Alambagh, a Mahendra Picup Van No. UP 32/A.N. 3674 was coming from the opposite direction, whose driver was driving it very rashly and negligently and hit the Scooter. Sri Syed Firoze Hasan fallen down. He was taken to the Trauma Centre, where he died after a few hours. The claimant-respondents have filed Claim Petition before the Tribunal and the Tribunal after examining the entire evidence awarded compensation of Rs.12,73,560/- against the appellant - insurance company. Being aggrieved, the instant appeal has been preferred by the appellant insurance company.

(3.) With this background, Sri U. P. S. Kushwaha, learned counsel for the appellant - insurance company submits that it was a "head on collusion" as the deceased was coming on the wrong side of the road. So, the liability will have to be fixed in the ratio of 50:50 but the Tribunal has wrongly fixed the entire liability on the appellant-insurance company. He also submits that the appellant-insurer was not liable to pay compensation as the offending vehicles i.e. Mahindra Pick-up was being driven without any permit at the time of accident. He also submits that the learned Tribunal has erred in holding that permit was not required for running Mahindra pick up as goods carriage under section 66 (i) of the Motor Vehicles Act as it Gross Vehicle Weight was less than 3000 kg. This finding is perverse. The RC shows that Unladen weight of Mahindra pick up was 1625 kg. and registered Laden Weight was 2750 kg. Thus, Gross Vehicle Weight was 4375 Kg. and permit was required for using the vehicle as goods carriage.