SOMWATI Vs. PANKAJ KUMAR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Murwara, in Claim Case No. 86 of 1992 dated 16.5.1997.

(2.) Briefly, it may be stated that the accident took place on 14.6.1992 at about 7/8 p.m. when truck No. UP 78-B 3949, owned by Jasbir Singh, driven by Pankaj Kumar and insured with Oriental Insurance Co. Ltd., came in the grip of electric hotline of 3300 volts and the deceased fell dead. It is stated that accident is the result of rash and negligent act of the driver for having parked the vehicle at that place knowing fully well of the danger that hotline of 3300 volts was passing through it. Consequently, Rs. 11,86,000 is claimed as compensation.

(3.) Non-claimant No. 3 denies the allegation and liability to pay the compensation. According to it, the accident took place due to rash and negligent act of the driver, the vehicle was not insured with it and the driver did not possess valid driving licence; therefore, it is not liable to pay the compensation.