UNITED INDIA INSURANCE CO LTD Vs. RASHIDA KHATOON

JUDGEMENT

(1.) This First Appeal from Order arises out of an award passed under the Motor Vehicles Act 1988, passed by the Motor Accident Claims Tribunal.

(2.) The brief facts which gave rise to the filing of the claim petition are that one Ayaz Ahmad, who was driver of Mini Truck bearing no. U.P. 32 A/8306 while driving the same, met with an accident with the truck No. HR-38-6369. The accident occurred on Lucknow-Gorakhpur road when the deceased was coming from Basti to Gorakhpur and the offending vehicle was going from Lucknow to Gorakhpur. The time of accident is 7.30 a.m. The date of accident 24th January 2000. According to the claimants' case, the driver of the truck, namely, the offending vehicle was driving rashly, negligently and at a very high speed and, therefore, it lost the balance and hit the mini truck of deceased Ayaz Ahmad who was driving the vehicle cautiously and with moderate speed. Further case was that the truck driver after hitting the Mini truck ran away damaging the truck heavily, as a result of which accident, Ayaz Ahmad died. Written statements were filed by the parties.

(3.) The insurance company filed written statement separately saying that the accident might have occurred because of own negligence of the deceased. M/s Sanghi Traders, who were contractor/owner of the offending Vehicle also filed written statement. In the written statement filed by the Insurance Company, a plea was taken that the accident might have occurred because of own negligent driving of the driver of the Mini Truck and that the truck was not being driven by a person, who was having a valid driving licence. The Insurance company in essence pleaded that the accident had taken place because of the composite negligence of drivers of both the vehicles and also vaguely pleaded that they were not being driven by the drivers having valid driving licence. The owner of the Truck though denied the accident but qualified with the defence that in case accident was found to have been occurred because of the negligence of the driver, the liability would have to be met by the insurance company as the truck was duly insured. Five issues were framed in the case.