UNITED INDIA INSURANCE CO. LTD. Vs. NASEEM BANO

JUDGEMENT

(1.) By means of the present First Appeal From Order the Insurance Company assails the award passed by the Motor Accident Claims Tribunal/Special Judge, (EC Act), Barabanki dated 23.08.2010, whereby it has awarded a sum of Rs.3,14,000/- in favour of claimants and fastened liability on the appellant and the respondent no.6. It would be relevant to mention here that respondent no.6 has not assailed the award and it is only the appellant Insurance Company who has preferred the above appeal and while filing the above appeal a sum of Rs.2 lacs inclusive of statutory deposit was directed to be deposited by this Court by means of its order dated 1.12.2010.

(2.) Before adverting to the submissions of the learned counsel for the parties, the Court takes notice of the facts giving rise to the above appeal.

(3.) That the claimants, who are respondent nos.1 and 2 before this Court, preferred a petition, under Section 163-A of the Motor Vehicle Act 1988 stating therein that their son namely Mohd. Salim @ Babloo, who was a cleaner of Truck No.UAM-9873 was travelling from Ghaziabad to Barabanki and at around 12.30 P.M. when it reached Sidhauli, District Sitapur, another Truck bearing No.U.P.34A- 9381 came from opposite direction and was being driven rashly and negligently and it dashed with Truck No.UAM-9873. In the aforesaid accident, Mohd. Salim @ Babloo expired. The claimants impleaded the owner of Truck No.UAM-9873 (who are respondent nos.3 and 4 before this Court) while the owner of the truck bearing No.U.P.34A- 9381 Sri Shabban Khan is respondent no.5 and the insurer of this Truck is respondent No.6.