UNITED INDIA INSURANCE COMPANY Vs. PHULJHARIA

JUDGEMENT

(1.) This appeal, under Section 173 of the Motor Vehicles Act (henceforth 'Act') is directed against the award dated 15-7- 96 passed by IVth Additional Motor Accidents Claims Tribunal, Rewa in Motor Accident Claim Case No. 02/96, whereby an amount of Rs. 90,000/- was awarded to the claimants/respondent Nos. 1 to 3 with interest at the rate of 12% per annum for the death of Chela Charmakar in a motor accident.

(2.) The facts leading to the filing of this appeal, shortly narrated, are that the respondent Nos. 1 to 3 filed a claim petition before Motor Accidents Claims Tribunal, Rewa, alleging that on the date of the incident deceased Chela Charmakar was going from Jabalpur to Rewa by truck No. UPV-33, owned by Rakesh Kumar Arora and driven by one Shyam Sunder. The deceased paid fare to the driver. The deceased Shyam Sunder drove the truck in a rash and negligent manner which resulted in an accident and as a consequence thereof not only certain passengers including deceased Chela died but the driver himself also died. The respondents No. 1 to 3 filed the claim petition for recovery of compensation of Rs. Two lac.

(3.) The claim petition was opposed by the owner of the vehicle as well as by the appellant/Insurance Company. The owner denied rash and negligent driving on the part of his driver Shyam Sunder. He also pleaded that if there is any liability that is to be incurred by the Insurance Company as the vehicle, in question, was insured with the appellant.