UNITED INDIA INSURANCE CO LTD Vs. KISHORILAL

JUDGEMENT

(1.) THIS appeal is by the insurance company challenging the award made to the respondent Nos. 1, 2 and 3.

(2.) BRIEF facts of the case are that the respondent Nos. 1 to 3 filed an application claiming compensation of Rs. 6,48,120 in the court of the Motor Accidents Claims Tribunal, Vidisha. Jeep bearing registration No. MP 04 -F 1997 was owned by Mahendra Kumar, respondent No. 4 and Narendra, respondent No. 5 is the driver of the vehicle. On 26.2.1995 at about 9 in the morning jeep bearing No. MP 04 -F 1997, which was being driven by Santosh Gupta respondent No. 6 in a rash and negligent manner, dashed against Bhagwan Singh, which resulted into his death. Counsel for appellant submitted that there is no proof that the accident has occurred. F.I.R. was lodged by Bhagwan Singh and he stated that he was standing near bus stand Vidisha and jeep bearing No. MP 04 -F 1997 has dashed against him. The claimants are the parents and brother of the deceased.

(3.) THE counsel for the appellant further submitted that it is an admitted position that vehicle was not driven by authorised driver of the owner. Keys of the vehicle were snatched from the driver by the respondent No. 6 Santosh Gupta and he drove the vehicle, which caused the accident. Therefore insurance company is not liable to indemnify the owner.