AMBALIKA SINGH Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The present First Appeal From Order under section 173 of Motor Vehicles Act, 1988 has been filed against Judgment and Award dated 1.2.2013 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Faizabad in MACP No. 285 of 2011 Ambalika Singh v. United India Insurance Company Limited and others whereby claim petition of the claimants was rejected.

(2.) The claim petition reveals that one Narendra Singh was driver of the Truck No. GJ6V.V./7759 and after loading the milk powder, he was going from Ahmdabad ( Gujarat ) to Guwahati and when he reached on the way of Faizabad-Basti near the village Katra Bogh Chand, P.S. Nawabganj, District Faizabad, he met with an accident, on account of which, he succumbed to serious injuries and died on the spot. The appellant preferred claim petition before Motor Accident Claims Tribunal, Faizabad under Section 163-A of Motor Vehicles Act and while deciding issue No.1 the Tribunal concluded that the deceased died due to murder on the way of Faizabad-Basti while he was carrying milk powder in the aforesaid truck and rejected the claim petition.

(3.) The recovery memo prepared during the investigation reveals that cloths and other articles such as ATM Card, driving licence, Photo Folder along with photo of deceased Narendra Singh was found in cabin of the truck in question and without considering and appreciating the statement of the investigating officer which discloses the recovery of the asset of the deceased inside the truck and without appreciating the statement of the Director of Arti Roadways Private Limited where the deceased was employed. The Tribunal dismissed the petition in arbitrary manner without applying the mind. That accident occurred during the use of motor vehicle and occurred under Motor Vehicles Act. The learned Tribunal concluded that there was no motor accident and it was a case of murder and thus the petition for claimants under the provisions of Act did not arise.