ORIENTAL INSURANCE COMPANY LTD Vs. NASREEN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 16th July, 2007 passed by m. A. C. T/additional District Judge, Court No. 6 bareilly, in M. A. C. P. No. 98of 2005 (Smt. Nasreen and others v. Oriental Insurance Co. Ltd. and another), whereby award for a sum of rs 2,95,000/-has been granted forthe death of Ghasita and Insurance Company (appellant) has been directed to pay the entire amount of the claimant and thereafter, recover the same from owner of the vehicle.

(2.) CLAIM petition under Section 163-A of motor Vehicles Act, 1988 (for short the Act)was filed by the wife, son and mother of ghasita (the deceased), who died in the accident. In the petition it was alleged that deceased was travelling in truck No. U. P. 34-C/8009 (hereinafter to be referred as offending vehicle) with his cattle from Revsa towards Rampur. The truck collided with a tree on 12th December 2004 at about 4. 00 a. m. due to rash and negligent driving by its driver. The deceased sustained serious injuries in the accident and died instantaneously. Many cattle which were loaded in the truck, were also died.

(3.) THE appellant-defendant field written statement and denied the allegations of petition. It was further averred that the driver of offending vehicle was not having valid and effective driving licence at the time of incident and since the deceased was a gratuitous passenger in the vehicle, the insurance Company is not liable to pay any compensation.