ORIENTAL INSURANCE CO LTD Vs. RAMVATI

JUDGEMENT

(1.) THIS is an appeal against the award dated 24. 5. 2000, passed by Sri Shiva Ji Srivastava, learned Presiding Officer, Motor Accident Claims Tribunal/ivth Additional District Judge, Hardoi in M. A. C. P. No. 2 of 1995, Smt. Rjimvati and others v. Guru Charan Singh and others.

(2.) THE facts giving rise to this appeal are that the claimants/ respondents No. 1 to 5 filed aforesaid claim petition against the appellant and respondents No. 6 and 7 with the allegations that Sri Sobran, husband of claimant No. 1 and father of claimants No. 2 to 5 was going to his village Dhamapur. P. S. Pihani, District Hardoi on a dunlop bullock cart on 26. 11. 1994. He reached near village Piparia at about 5. 00 p. m. and at that time Mini Truck No. U. P. 03/0140 came from the side of Maigalganj. It was being driven by O. P. No. 2 Ashok Kumar (respondent No. 7 in the present appeal) in rash and negligent manner and it dashed the Dunlop bullock cart from behind without blowing horn. Consequently the Dunlop bullock cart was broken and Sobran was also injured. He was admitted in the District Hospital Hardoi for treatment on that very day but he died in the hospital on 28. 11. 1994. A sum of Rs. 15,000/- was spent on his treatment. The mini truck was owned by O. P. 1, Guru Charan Singh (respondent No. 6 in the present appeal) and it was insured with M/s. Oriental Insurance Company, O. P. No. 3 (present appellant ). The age of Sobran Singh was 60 years at the time of the accident and he was earning Rs. 3000/- per month by agricultural work and sale of vegetables. The F. I. R. of the incident was lodged at P. S. Pihani by Sri Ram, the owner of bullock cart on 29. 11. 1994 and on the basis thereof crime No. 293 of 1994 was registered under sections 279, 337,338, 427 and 429,1. P. C. The petitioners claimed Rs. 2,50,000/- for loss of income due to death of Sobran, Rs. 40,000/- for mental pain and suffering, Rs. 15,000/- for medical expenses, Rs. 20,000/- for difficulties in maintenance of the family and Rs. 5000/- for funereal expenses in all Rs. 3,30,000/ -.

(3.) O. PS. No. 1 and 2 (respondents No. 6 and 7 in the present appeal) filed a joint written statement in which they pleaded that they had valid permit for plying the vehicle issued by the R. T. O. Bareilly and it was valid for the period from 2. 9. 1992 to 1. 9. 1997. Road tax etc. of the vehicle had been paid and the truck was insured with the Oriental Insurance Company Badaun for the period up to 24. 4. 1995. O. P. No. 2 is a licensed driver and he had obtained driving licence from the R. T. O. Deharadun. It was valid for the period from 22. 2. 1994 to 21. 2. 1997 and the driver had been authorised to drive light motor vehicles medium motor vehicles, as well as heavy motor vehicles. The claimants have claimed excessive amount. However, their liability is to be borne by the insurance company.