UNITED INDIA INSURANCE CO LTD Vs. RAM RATI

JUDGEMENT

(1.) This is a first appeal against the judgment and order dated 11.11.1987 passed by the Motor Accidents Claims Tribunal/Special Judge (E.G. Act), Banda, whereby the learned Tribunal has granted a compensation of Rs. 24,000/- plus Rs. 1,000/-- being the price of the medicines, in all Rs. 25,000/- against the appellant, arrayed as defendant No. 3, before the learned Tribunal. He has also awarded an interest at the rate of 10 per cent per annum.

(2.) The petitioners' claim, mainly, is that jeep No. URE 730 was owned by defendant No. 1, now arrayed as respondent No. 3 in the present appeal. The deceased Prem Narain Gupta, aged about 9 years along with others was travelling in the said jeep from Atarra to Banda and met with an accident on the same day, i.e., 13.6.1985 at about 11.45 a.m. The jeep was being driven by respondent No. 3, Sheo Singh alias Kalloo Singh in a very rash manner and the accident was caused on account of this rash and negligent driving on his part. The deceased Prem Narain Gupta received fatal injuries and on account of that, he died on 16.6.1985 at 9.45 p.m. During the course of treatment, the petitioners spent Rs. 1,000/- as price of the medicines etc. The boy used to render help in the family business. He was dependent upon the petitioners. Thus they claimed damages to the tune of Rs. 1,00,000/-.

(3.) Sheo Singh in his written statement has denied the allegation of rash and negligent driving. He says that the jeep was registered with United India Insurance Co. Ltd., Banda and the insurance company is liable to pay the compensation. The jeep was a private vehicle and was not authorised for hire purposes. The death occurred on account of improper treatment made available to the deceased. The deceased was travelling in the jeep out of his free will without payment of any reward and, therefore, Sheo Singh is not responsible to pay the damages. The insurance company has paid Rs. 4,800/- by way of compensation ex gratia.