NATIONAL INSURANCE CO LTD Vs. PRADEEP KUMAR

JUDGEMENT

(1.) THIS First Appeal From Order under Section 173 of Motor Vehicles Act, 1988 filed by appellant is directed against the award dated 14.5.2003 passed by Motor Accident Claims Tribunal/District Judge, Balrampur in M.A.C.P. No. 06 of 2012 (Pradeep Kumar & Another Vs. Smt. Susheel Kumari) awarding a sum of Rs. 4,53,000/ - alongwith 6% interest from the date of petition.

(2.) BRIEFLY stated the facts are that claim petition was filed by Pradeep Kumar and his wife Smt. Anita under Section 166 of Motor Vehicles Act claiming compensation on account of death of their son Sandeep Kumar. He was student of B.D.S. Ist year in Chandra Dental College, Safedabad, Barabanki. On 8.11.2011 Sandeep Kumar was going with his friend Saurabh Shukla from college to their house at about 3.35 p.m. on Gonda -Lucknow Road near C.P. Cold Storage, when Saurabh Shukla tried to turn his motorcycle towards left side, a Wagon R Car coming from behind dashed causing injuries to both. They were taken to Hind Medical Institute for medical aid where Sandeep Kumar was declared dead. Report of the incident was lodged on 24.12.2011 at P.S. Kotwali Nagar, District Barabanki. Vehicle owner denied the accident and stated that her son -in -law Nripendra Mani Dixit was driving the vehicle, who has an effective driving licence, vehicle was insured with National Insurance Company Ltd. etc. Insurer denied the allegations of the claim petition and also pleaded non -joinder of parties as owner and driver of the motorcycle were not impleaded. Tribunal framed following Issues: -

(3.) CLAIMANTS examined Pradeep Kumar as C.P.W. -1 and Sayed Ahmad as C.P.W. -2 while from the defence side, nobody was examined. Papers of Insurance, Registration etc. were filed.