NEW INDIA ASSURANCE CO. LTD. Vs. KAILASHI

JUDGEMENT

(1.) Heard Mr. Arun Kumar Shukia, learned Counsel for the appellant. The instant appeal has been filed by the insurer of Bus No. UP15-AT-0695 against the judgment and award dated 27th March, 2014 passed by the Motor Accident Claims Tribunal/Additional District & Sessions Judge, Court No. 14, Ghaziabad in M.A.C.P. No. 597 of 2010 by which a compensation of Rs. 2,79,000 has been awarded to the claimant-respondent on death of Ramesh Chandra in a road accident dated 2nd August, 2007.

(2.) A perusal of the record reveals that as many as nine issues were framed by the Tribunal. The claimant had examined two witnesses, namely, P.W.I (the widow of the deceased) and P.W.2 (Santosh), who was an eye-witness of the accident. Amongst others, the documents produced before the Tribunal were copy of the first information report, copy of the death certificate, copy of the registration certificate of the Bus involved in the accident, copy of the insurance policy, copy of the driving licence of Raj Kumar, who was alleged to be the driver of the Bus, copy of the permit of the Bus, copy of the fitness-certificate of the Bus, copy of the hospital bills, etc., copy of the site plan, copy of the postmortem and copy of the charge-sheet prepared by the police pursuant to the investigation. No evidence either documentary or oral was produced from the side of the opposite parties including the appellant.

(3.) The Tribunal, after considering the entire evidence on record as also the statement of P.W.2, came to the conclusion that the deceased Ramesh Chandra was hit by a roadways bus at about 9 p.m. on 2nd August, 2007, as a result of which, he suffered injuries for treatment of which he was rushed to the Hospital where he died on 23rd August, 2007. The medical treatment bills and all documents showing that he was admitted in the Hospital and was treated there were also brought on record. The post-mortem as also the inquest report disclosed that his death was on account of injuries suffered in an accident. The investigation, which resulted in charge-sheet, indicated that Raj Kumar was the driver of the Bus, which was involved in the accident. After taking a conspectus of the evidence brought on record, the Tribunal returned a finding that the accident occurred on account of rash and negligent driving of the Bus No. UP15-AT-0695.