NEW INDIA ASSURANCE CO. LTD. Vs. MOHD. IQBAL

JUDGEMENT

(1.) This is an appeal by the Insurance Company, questioning the judgment and award of Mr. V.K. Tyagi, the Motor Accident Claims Tribunal/ the Special Judge (Essential Commodities Act), Etawah dtd. 17/8/2004, allowing MAC No.319 of 2002.

(2.) Heard Mr. Anubhav Sinha, Advocate holding brief of Mr. Amaresh Sinha, learned Counsel for the appellant/ Insurance Company and Mr. Ram Ashish Pandey, learned Counsel appearing on behalf of respondent Nos.1 to 5. No one appears on behalf of the owner-respondent No.6.

(3.) On the 14thof July, 2000 at about half past two in the night, Kamarul Nisha along with her husband, Mohd. Iqbal and children was travelling on board Jeep No. UP-75B-9599, a Mahindra Utility vehicle, from Kanpur to Etawah. The Jeep had on wheel Pramod Kumar. Pramod Kumar was driving the Jeep at a high speed and negligently. Near Village Mehtauli, the driver ran into a stationary truck, bearing Registration No. UP- 65H-7459, parked on the left hand side of the road. Kamarul Nisha and another man Rajesh Kumar @ Pandit Ji died on the spot in consequence of the collision. Kamarul Nisha's husband Mohd. Iqbal, their children and others on board sustained injuries. The driver abandoned post and fled. The accident happened solely on account of the Jeep driver's negligence, the truck being stationary and parked on the southern side of the road, that was a kachcha pavement. A first information about the accident was lodged with Police Station P.S. Amarahat, where it was registered as Case Crime No.27 of 2000, under Ss. 279, 337, 304-A IPC on 14/7/2000 at 4:30 a.m. Blaming, as already said, the Jeep driver exclusively for the negligence, the claimant-respondents say that given the location of the stationary truck, there was no reason for the Jeep driver to have rammed into it. The road at the site of the accident was sufficiently wide and at the time when it happened, there was no other vehicular movement. Kamarul Nisha's body was conveyed to the Hallet Hospital, Kanpur, where autopsy was done.