NATIONAL INSURANCE COMPANY LIMITED Vs. RAGHVENDRA PRASAD DWIVEDI

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company being aggrieved by the award dated 27.02.2004 passed by the II Additional Motor Accident Claims Tribunal, Rewa in Claim Case No.20/2003, whereby the claim petition filed by Raghvendra Prasad Dwivedi (now dead) under Section 166 of the Motor Vehicles Act has been partly allowed directing the appellant and respondents No.2 and 3 to pay the compensation of Rs.3,50,000/with interest at the rate of 9% per annum for the injuries sustained by Raghvendra Prasad Dwivedi caused in the motor accident.

(2.) The facts of the case in short are that on 03.08.2001 Raghvendra Prasad Dwivedi was returning from Allahabad after performing the last rites of his niece to Mauganj on the way near Hanuman temple Katra the jeep turned turtle on account of the rash and negligent driving of Santosh Kumar Verma due to which Raghvendra Prasad Dwivedi sustained the grievous injuries. He was admitted in Gandhi Memorial Hospital, Rewa. The report was lodged at police station Garh. After completing the investigation, the charge-sheet was filed against Santosh Kumar Verma, the driver of the offending jeep No.MP17-B/4239. This jeep was owned by Smt. Siya Dwivedi and insured with appellant.

(3.) The respondents No.2 and 3 jointly filed the written statement disputing the claim and their liability mainly contending that the driver was having valid and effective driving licence. The vehicle was insured with appellant, therefore, they are not liable to pay compensation.