UNITED INDIA INSURANCE CO.LTD Vs. INDRA DEVI

JUDGEMENT

(1.) . 1. The instant first appeal from order under Section 173 of the Motor Vehicles Act, 1988 arises from the judgment and award dated 2.3.2002, passed by the V. Ist Additional District Judge/Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 204 of 1993 by which a compensation of Rs. 3,36,400 was awarded to the claimant -Respondents alongwith interest at the rate of 8% per annum from the date of filing of the claim petition till the date of payment.

(2.) THE brief facts of the case are that on 10.5.1993 at about 6.30 p.m., Sri Kunwar Singh who was on his bicycle was hit from behind by the offending vehicle No. M.P. -19 -6486 (oil tanker) and on account of serious injuries sustained in the accident, he expired at the Command Hospital, Lucknow. The deceased at the time of accident was 29 years of age who was working in 15 Garhwal Rifle, Lucknow on the post of Rifleman and was getting a salary of Rs. 2,754 per month. The claim petition was filed by the widow of the deceased and sons, claiming a sum of Rs. 13,99,003.60 as compensation which was contested by the Appellant by filing the written statement. The written statement was also filed by Respondent No. 4 denying the allegations of the claim petition and it was stated that vehicle No. M.P. -19 -6486 is insured with the United India Insurance Co. Ltd. Branch Hazratganj, Lucknow and the driver of the vehicle was having a valid driving licence at the time of the accident. The parties to the claim petition filed oral and documentary evidence. The Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) after considering the material on record awarded a compenation of Rs. 3,36,400 to the claimant - Respondents and directed the Appellant to pay the compensation alongwith interest at the rate of 8% per annum. The Appellant being aggrieved by the impugned judgment and award dated 2.3.2002 has filed the instant first appeal from order.

(3.) SRI Vidyadhar Upadhyaya, learned Counsel for the Respondent No. 4 submits that there is no illegality in the impugned judgment and award passed by the Motor Accident Claims Tribunal, Lucknow and the appeal of the Appellant is devoid of merits, which deserves to be dismissed. He further submits that the Tribunal after considering the material on record has rightly given the finding on issue No. 8 that the insurance company has not adduced any evidence that the driver Kashi Ram was incompetent to drive the vehicle during the period 2.10.1991 to 21.8.1993. He further submits that the Tribunal has rightly held that if the driving licence was not valid for some time the driver cannot be said to be incompetent to drive the vehicle. Learned Counsel for the Respondent No. 4 has relied upon the decisions of the Hon 'ble Supreme Court in the cases of National Insurance Co. Ltd. V. Swaran Singh and Ors. 2004 (I) ACJ 1: 2004 (2) AWC 1589 (SC) and Mahamooda and Ors. V. United India Insurance Co. Ltd. and Ors. 2006 ACJ 2825.