ORIENTAL INSURANCE CO. LTD. Vs. BRAHMA & OTHERS

JUDGEMENT

(1.) This appeal has been filed by the insurer against the award of the Motor Accident Claims Tribunal, Mahoba dated 29.8.1995 in Misc. Case No. 50 of 1991 being claim petition filed under the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). The award is of Rs. 1,20,000/- arising from death of Ram Kishore.

(2.) In brief facts giving rise to the present appeal are, the claim petition came to be filed by the parents, wife and four minor children of Ram Kishore (hereinafter referred to as the deceased) arising from an accident that occurred on 14/15.5.1991.

(3.) At the time of accident, the deceased Ram Kishore was 25 years of age and was travelling on a train - Gwalior-Benaras Express, 1187 Down, from Surat to his village at Mamuwa in District Banda, along with Shambhu and Laxman. They boarded the train at Jhansi. Being 'amavasya' night, the said train was over loaded with passengers and at the time of accident, the deceased was sitting in the passage near a entry gate of a coach of the train. At the same time, a truck bearing registration number USF-5640 (hereinafter referred to as the truck), insured by the present appellant was so near the railway track, that the said train grazed against the rear end of the truck resulting in deceased coming into contact with the truck as the train compartment (in which the deceased was travelling), went past the truck.