ORIENTAL INSURANCE COMPANY LTD Vs. ZAHIDA & OTHRS

JUDGEMENT

(1.) Heard Sri Anand Kumar Sinha, learned counsel for appellant and Sri Ashish Kumar Kumar Srivastava, learned counsel for claimants - respondent.

(2.) This First Appeal From Order has been filed under 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by The Oriental Insurance Company Limited , being aggrieved by judgment and decree dated 4.2008 passed by Motor Accident Claims Tribunal/ Special Judge ( E.C. Act) Badaun in Motor Accident Claim Petition No. 94 of 200

(3.) The brief facts of the present case are that on 2.1.2002, at about 9.00 a.m. a truck was being plied by the deceased on the road Sikarpur to Bulandshahar when the said truck reached Mirzapur in the District of Bulandshahar, one tractor trolly bearing No. UP-13 F-0397 was being driven rashly and negligently and came on the wrong side and dashed with the truck driven by the deceased. Truck driver Jahid received serious injuries and while being taken in the Hospital summed to the injuries sustained in the said vehicular accident.. The heirs of the deceased alleged in the claim petition that he was a professional driving earning Rs.5,000/- per month and that is why they claim a sum of Rs. 17,35,000/- from the owner and Insurance Company of Truck and from the driver, owner and the insurance company of the tractor. The owner of the truck did not appear before the Tribunal and the Insurance Company on being summoned filed their reply of negative and raised the technical objections like vehicle was not insured with them, the deceased was not driver on the vehicle his claim was not covered by them, there was breach of policy conditions.