NEW INDIA ASSURANCE CO LTD Vs. DAU DAYAL

JUDGEMENT

(1.) This appeal has been filed by the New India Insurance Co. Ltd., against the award of the Motor Accidents Claims Tribunal dated December 23, 1977, awarding Rs. 39,000 to the respondents, out of which Rs. 33,440 would be payable by the insurance company and the remaining amount of Rs. 5,560 by the the respondents, Radhey Lal Agarwal and Kashi Prasad, the owners of the truck.

(2.) In this appeal, since the only question is about the defence which is open to an insurer under Section 96(2) of the Motor Vehicles Act, detailed facts are not necessary to be mentioned. It would be sufficient to state that on May 29, 1972, an accident occurred with truck .No. MPA 6521 in which two persons, namely, Rajendra Prasad and Vijai Kumar, died. Rajendra Prasad was driving the scooter and Vijai Kumar was sitting on the back seat. The scooter was coming from city side and was going towards Sadar Bazar. In the meantime, the truck aforesaid, driven by Mohammad Iliyas Ahmed appeared on the scene and hit the scooter. The incident occurred due to rash driving of the truck by the aforesaid driver. Vijai Kumar died on the spot in this accident. Rajendra Prasad who was also seriously injured was removed to Civil Hospital, Jhansi, for his treatment but he also succumbed to his injuries on the same day.

(3.) In respect of these two deaths, two different applications were filed. Dau Dayal filed Claim Petition No. 31 of 1972 for compensation on the death of his son, Vijay Kumar, and Claim Petition No. 50 of 1972 was. preferred by one Tulsi Das for the death of Rajendra Prasad.