NATIONAL INSURANCE COMPANY LTD. Vs. HEERALAL

JUDGEMENT

(1.) Being aggrieved by the award dtd. 29/10/2004 passed by the Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 6/2004, Insurance Company has preferred this appeal and claimants have also filed their cross-objections (IA No.6908/2005).

(2.) In brief, facts of the case are that on 5/12/2002 at 7.30PM son of the claimants Narendra Kumar was coming from Malanpur to Gwalior by Hero Puch bearing Registration No. MP07 C 4341 which was in the ownership of respondent No.3 and insured with appellant-insurance company. As soon as he reached Gwalior- Bhind road, one unknown vehicle dashed him, as a result of which he got injured. He was admitted in JA hospital Gwalior in emergency ward. On the information, claimants reached at the hospital, but there was no improvement in the condition of Narendra, therefore, he was admitted in Nursing Home of Dr. A K Dubey and thereafter he was referred to Gangaram Hospital, Delhi and then Ram Manohar Lohiya Hospital. During treatment, he died. Report of the accident was lodged at Police Station, Maharjpura by father of the deceased on 14/12/2002 explaining the delay in lodging the FIR that due to treatment of deceased Narendra and his death, he could not lodge the report promptly. On his report, Crime No. 212 of 2002 U/ss 279,337 and 304-A of IPC was registered at Police Station Mahrajpura against driver of an unknown vehicle. Dead-body Panchnama was prepared. Thereafter postmortem was conducted. During investigation, offending vehicle could not be traced, hence police station Mahrajpura submitted a final report under Sec. 173 of Cr.P.C. (Khatma). At the time of accident, deceased was 28 years of age and he was unmarried. Deceased was working in the office of respondent No.4- Kataria Carrying Corporation as a clerk and used to get Rs.2,500.00 per month, out of which he used to maintain himself and his parents. After his death, his parents became hand to mouth, hence, they filed an application U/s 163-A seeking compensation. Respondent No.3- owner of the aforesaid Hero Puch appeared and filed his written statement to the effect that he has sold the aforesaid vehicle which was driven by the deceased on 28/6/2002 to one Siddharth Jain, partner of Kataria Carrying Corporation, and Siddharth Jain on the letterhead of Kataria Carrying Corporation has given a letter to him to this effect and assured that he will get the registration of the aforesaid vehicle transferred in the name of aforesaid company. Thereafter claimants amended their application and impleaded Kataria Carrying Corporation as a party through its partner Siddharth Jain. On appearance respondent No.4 submitted his written statement and admitted that deceased was working as a clerk in their company, but denied that they purchased the aforesaid Hero Puch. Issues were framed and evidence was led by the parties. After assessing the evidence,

(3.) learned Claims Tribunal vide impugned award dtd. 29/10/2004 partly allowed the application of the claimants and passed the award to the tune of Rs.96,000.00 along with interest from the date of application i.e. 1/4/2003 with interest at the rate of 7% against the respondents and insurance company jointly and severally. Hence, this appeal by the Insurance Company.