NEW INDIA ASSURANCE COMPANY Vs. URMILA DEVI

JUDGEMENT

(1.) THESE are two connected appeals under Section 110-D of the Motor Vehicles Act against the order dated 17-2-1976 passed by Motor Accidents Claims Tribunal (District Judge Ghazipur). The claimant respondents have filed a cross-objection.

(2.) ON 23-9-1976 at 2.30 P.M. at village Nasirpur, P.S. Birno, District Ghazipur. a motor accident took place. Shyamdeo Singh was travelling in taxi No. UTH 258 from Hansrajpur to Ghazipur. The taxi was driven by owner-cum-driver Sudama Tewari. It is said that due to sash and negligent driving of taxi by the driver, it overturned. Shyamdeo Singh succumbed to the injuries. The report of the accident was louged by Ram Bachchan Singh on the same day at S.P. Kotwali, Ghazipur, at 4 P.M.

(3.) THE petition was contested by owner-cum-driver and the insurer separately. The owner-cum-driver alleged that the accident took place on account of Slippery and muddy road due to rains. When the driver applied the brakes, the taxi slipped and overturned. The driver was also injured. The average monthly income was Rs. 100/- per mensem. The compensation claimed was assailed as excessive. The insurer alleged that the driver had no valid driving licence and it is consequently not liable.