ORIENTAL INSURANCE CO LTD Vs. REENA AWASTHI

JUDGEMENT

(1.) BOTH these appeals arise from the same road accident caused by the motor cycle No. UP 41-B 1766, in which two real minor brothers died, hence appeals are decided by the present common judgment and order.

(2.) ON 22.12.1998, Ravi Shanker and Munna, two minor children aged about 11 and 8 years, met with accident at Jaidpur in District Barabanki, in the morning at about 8 a.m. while on way riding a cycle to attend the school. The accident was caused by the motor cycle No. UP 41-B 1766. Both the boys succumbed to injuries in District Hospital, Barabanki. F.I.R. was lodged and Case Crime No. 232 of 1998 was registered under sections 279 and 304-A, Indian Penal Code at Police Station, Jaidpur, District Barabanki. In the F.I.R., the vehicle number was not given. However, later on during the course of investigation, the vehicle number was detected. ONe Ajai Kumar was found to be the owner of the vehicle No. UP 41-B 1766, which was insured with the policy No. 504022. At the time when the accident occurred the insurance policy was in operation. Two separate claim petitions were filed which were registered as M.A.C. Nos. 35 of 1999 and 36 of 1999 in the court of V-Additional District and Sessions Judge/Motor Accidents Claims Tribunal, Barabanki. The Tribunal decreed the claim and awarded compensation to the tune of Rs. 1,54,500 on account of death of Ravi Shanker and same amount of Rs. 1,54,500 awarded on account of death of Munna to claimant Reena Awasthi, wife of Budhai Ram. Before the Tribunal, it was stated on behalf of the claimant that the motor cycle was driven rashly and negligently resulting in the accident in question. During the course of trial, application under section 170 of Motor Vehicles Act was moved by the appellant insurance company but the same was rejected by the Tribunal.

(3.) SO far as the submission made by the learned counsel for the appellant insurance company that the vehicle was not involved in the accident is concerned, it has been vehemently denied by the claimant's counsel on the ground that in the criminal case during investigation, the inquiry officer recorded a finding that the accident was caused by the same vehicle owned and possessed by Ajai Kumar. The vehicle number, identity of the vehicle as well as the owner has been duly investigated and proved in the criminal case and there is no doubt with regard to involvement of the vehicle in question in the accident in question.