UNITED INDIA INSURANCE CO. LTD Vs. MOHD. HUSSAIN

JUDGEMENT

(1.) The United India Insurance Company preferred the present appeal is directed against the order dated 08.08.2003 passed in O.P.No.938 of 1997 on the file of Motor Vehicles Accidents Claims Tribunal - cum - Additional District Judge, Nizamabad wherein a sum of Rs.5,84,000/- was awarded as compensation to the claimants on account of death of one Saleem (hereinafter referred to as 'the deceased').

(2.) The facts in issue are that on the intervening night of 16/17.11.1997 the deceased was travelling in a TATA Van bearing No.MH-26-8303 from Nizamabad to Hyderabad as owner of the goods. At about 2.00 AM when the van reached outskirts of Toopran village, the driver of the offending van drove the same in a rash and negligent manner and dashed against a lorry bearing No.KA-01-2223 from behind. As a result of which, the front portion of the van was completely damaged causing injuries to the deceased. The deceased was initially shifted to Gandhi Hospital, Secunderabad and thereafter while he was being shifted to Ahmednagar hospital succumbed to the injuries. According to the claimants, the deceased was hale and healthy and was earning Rs.10,000/- p.m. by doing chicken business and as such made the above claim.

(3.) The first respondent who is the owner of the offending vehicle denied the allegations made in the claim petition and contended that the vehicle was insured with the second respondent and as such the second respondent alone is responsible to pay the compensation.