PREM LAL SHRIWAS Vs. MANAGER PERFECT POTTERY

JUDGEMENT

(1.) THE order is this appeal shall also govern the disposal of Miscellaneous Appeal No. 313 of 1986 (Oriental Fire and General Insurance Co. Ltd. v. Premlal Shriwas). Misc. Appeal No. 267 of 1986 is filed by the claimants, parents of the deceased, Manoj Kumar and Misc. Appeal No. 313 of 1986 is filed by the insurance company against the award dated 24.4.1986 passed in Claim Case No. 73 of 1983, whereby the Claims Tribunal has awarded Rs. 35,000/ - as compensation together with the interest at the rate of 10 per cent from the date of award till realization on account of death of Manoj Kumar, who had died as a result of motor accident on 20.1.1983 when he was struck down by truck No. MPQ 3024 and died on the spot. The truck is owned by Perfect Pottery, respondent No. 1 and at the relevant time was driven by Onkar Prasad as per the claimants. The truck was insured with the Oriental Fire and General Insurance Co. Ltd.

(2.) THE Claims Tribunal after recording the evidence has recorded the finding that the accident occurred because of the rash and negligent driving of the truck No. MPQ 3024 by its driver and as a result thereof, Manoj Kumar had sustained injuries and has died. The finding of the Tribunal about the negligent driving of the vehicle by the driver of the truck is not challenged in both the appeals. Naturally so by the claimants, who have filed appeal No. 267 of 1986 and also by the insurance company as it is not permissible under the law to challenge these findings by the insurance company.

(3.) THE owner of the vehicle and the driver have filed joint written statement and none of them has denied the fact that the vehicle at the relevant time was driven by Onkar Prasad, respondent No. 2. In the written statement filed by the respondent No. 3, insurance company, in reply to para No. 1, it is denied that the truck driver ran away and was caught near Ranjhi and in para No. 5, it is alleged that the non -applicant No. 2 was not holding a valid driving licence at the time of the accident. The vehicle was not being plied by regular driver of the truck.