NEW INDIA ASSURANCE CO.LTD. Vs. PREETI

JUDGEMENT

(1.) Both these appeals are arising out of the award dated 8.5.2008, passed by Sixteenth Additional Member, Motor Accidents Claims Tribunal ( Fast Track), Indore, in Claim Case No. 92 of 2006. Misc. Appeal No. 2034 of 2008 has been filed by the insurance company on the point that the deceased was himself negligent to cause the accident and also assailing the award on the point of quantum while Misc. Appeal No. 2573 of 2008 has been filed by the claimants seeking enhancement.

(2.) As per the claim averments the claimant No. 1 is the wife, claimant Nos. 2 and 3 are the sons and claimant Nos. 4 and 5 are the mother and father of the deceased Pushpendra Bansal. The deceased was aged about 36 years and was in occupation of Commission Agent by Cotton Brokerage. On 8.4.2006 he along with Vivek Agrawal had gone from Indore to Bhopal for business purpose by an Indigo car bearing No. MP 09-HD 4626. In the intervening night of 8.4.2006-9.4.2006 when they were coming from Bhopal to Indore at about 1.30 a.m. after crossing Ashta by 10 kilometres ahead, a truck bearing No. MP 09-KC 3118 in the ownership of Shivram Bhalekar, :riven by Narayan Prasad while overtaking another vehicle dashed the car thereby Pushpendra Bansal received various injuries over the head and other parts of the body. However, after primary treatment at Ashta he was admitted to Bombay Hospital, Indore where he succumbed to the injuries on 16.4.2006 during treatment. It is said that the annual earnings of the deceased was Rs. 16,00,000 and due to his death in road accident the business has now been closed, therefore, compensation to the tune of Rs. 5,00,00,000 has been prayed for by filing the claim petition under section 166 of the Motor Vehicles Act.

(3.) The owner and driver remained ex parte and they have not filed any written statement before the Claims Tribunal. The insurance company has filed the written statement, inter alia, contending that it is a case of head-on collision of two vehicles, i.e., truck and Indigo car, however, the owner and driver of the car have not been joined as party to the proceedings though they are necessary party. It is further stated that the accident has taken place due to rash and negligent driving of the deceased himself who was driving the car. It is also stated that the driver and owner of offending vehicle has not given any intimation to the insurance company and the verification of the document has also not been done. The driver of the vehicle was not possessing a valid driving licence and the truck in question was driven in violation of the terms and conditions of the insurance policy. However, the insurance company is not liable to pay the amount of compensation.