UNITED INDIA INSURANCE CO LTD Vs. CHHAMTA GUPTA

JUDGEMENT

(1.) Heard Sri V.C. Dixit for the appellant; Sri Avanish Ranjan Srivastava for the claimant-respondents and perused the record.

(2.) The instant appeal has been filed against the judgment and award dated 26.05.2010 passed by the Motor Accident Claims Tribunal/ Special Judge (E.C. Act), Mainpuri in M.A.C.P. No. 238 of 2002 by which compensation of Rs. 3,47,500/- has been awarded to the claimant-respondents on presumptive death of Naresh Chand Gupta.

(3.) According to the claimants' case the facts, in brief, are that on 01.06.1999 Naresh Chand Gupta (husband of the claimant respondent no.1 and father of the rest of the claimant respondents), allegedly, took Armada vehicle No. UP-84A-2875, as a driver thereof, from its controller i.e. - Mahendra Nath Chaturvedi (the person in possession and control of the vehicle) for repairs. On way, he met Raju Gupta, who was an agent of Mahendra Nath Chaturvedi. Raju Gupta gave Rs.100/- to Naresh Chand Gupta for booking the vehicle for a journey to Bewar. In the evening, at 6:30 P.M., Naresh Chand Gupta left informing his wife Chhamta Gupta (the claimant-respondent No.1) that he is leaving for Bewar. Thereafter, Naresh Chand Gupta did not return. Neither the vehicle nor his dead body was found. Mahendra Nath Chaturvedi, the controller of the vehicle, along with one Sanjay Kumar (registered owner of the vehicle) jointly lodged a first information report against Naresh Chand Gupta, which was registered as Case Crime No. 601 of 1999 under Section 406 I.P.C. at P.S. Kotwali, Mainpuri. The claimant-respondent No.1, namely, the wife of Naresh Chand Gupta lodged cross FIR against Mahendra Nath Chaturvedi and his agent Raju Gupta under Section 364 I.P.C., which was registered as Case Crime No. 601A/1999 at P.S. Kotwali, Mainpuri. As Naresh Chand Gupta was not heard of since 01.06.1999, presuming him to have died in a motor accident, involving the said vehicle, a claim petition was filed under Section 163-A of the Motor Vehicle Act for compensation.