UNITED INDIA INSURANCE CO LTD Vs. ASIF

JUDGEMENT

(1.) This first appeal from order has been filed against the award dated 14.12.1995 passed by Motor Accidents Claims Tribunal, Fatehpur, in Motor Accident Claim Petition No. 99 of 1993. When appeal was admitted an interim stay order dated 13.3.1996 was passed wherein it was provided that the appellant insurance company having deposited Rs. 10,000 under section 173, Motor Vehicles Act, the said amount may be paid to the claimant on furnishing adequate security before the Tribunal.

(2.) The brief facts giving rise to the claim petition are that Asif alias Shanu was a minor and on 10.2.1993 at about 6 p.m. the jeep bearing registration No. URD 9982 was coming from the north side at very high speed on Banda-Sagar Road and was being driven rashly and negligently hit Asif near the shop of Dr. Siddiqui. Due to said accident, the minor Asif received grievous injuries and both his legs were fractured. It is alleged that the jeep driver was arrested on the spot and a report was lodged at the Police Station, Kotwali, Fatehpur. The claim petition has been filed by the minor who is under the guardianship of his father Mohd. Afsar Khan. Claimant has stated that at the time of accident the minor was aged 5 years. He was given treatment at the District Hospital, Fatehpur where he remained admitted for 8 days.

(3.) The opposite party No. 1 (respondent No. 2 in this appeal) was owner of the jeep and opposite party No. 2 (respondent No.3 in this appeal) was said to be driver of the jeep filed a joint written statement and denied the averments of the claim petition. In the written statement it was stated that Ramendra Singh who was arrayed as opposite party No. 2 before the Tribunal was not a driver and actually one Ram Narain was driver. They stated that Ramendra Singh was present in the jeep at the time of alleged accident. The owner of the jeep Sher Singh and Ramendra Singh are the real brothers. It was alleged that claimant came before the jeep all of a sudden and accident took place. Therefore, negligence was on the part of claimant-respondent. At the time of accident, Ram Narain possessed a valid driving licence and the jeep was insured with United India Insurance Co. Ltd.