UNITED INDIA INSURANCE CO LTD Vs. B HEMAWATI

JUDGEMENT

(1.) This appeal is directed against the award passed by the Accident Claims Tribunal (District Judge), Port Blair arising out of an application under section 166(A) of the Motor Vehicles Act, 1988 as amended in 1994, filed by the respondents being the heirs and legal representatives of the victim, directing the appellant, Insurance Co. and the respondent No.3 to pay jointly and severally the compensation of Rs. 2,47,000/-only.

(2.) The facts inter alia involved in this appeal are that on 29.6.1996 at about 14-10 hrs. the victim was travelling on the body of the truck bearing Regn. No. AN 01/A-4501 belonging to and driven by O.P. No.1 S. Venkatoswar Rao from Phoenix Bay APWD godown to Haddo Wharf via Delanipur after unloading the cement bags at the godown. The driver of the truck turned the truck rashly and negligently in increased speed towards the right in order to go to Haddo side at the traffic junction at Delanipur as a result of which the victim who was sitting on the left side of the body of the truck, fell down on the road and he sustained fatal injuries. Other three mazdoors and S. Narayan shouted and the driver stopped the vehicle after proceeding to some distance. S. Narayan and other three mazdoors got down from the truck and found that the victim was not able to get up. The victim thereafter was shifted to G.B. Pant Hospital by taxi bearing No. AN-1988 by the said mazdoors. On examination the doctor declared the victim dead. S. Narayan went to Aberdeen P.S. and lodged a report to the police where a crime No.30 of 1996 was registered against the driver. Postmortem examination on the body of V. Lakshmi Narayan, the victim, was held. The victim died in the accident as the offending truck was being driven rashly and negligently. The truct was covered under a policy of insurance with O.P. No.2 M/s. United Indian Insurance Co. Ltd. At that time the truck had the registration number of Andhra Pradesh bearing no. ADM-8062 which was brought by O.P. No.1 to Port Blair from Andhra Pradesh. At Port Blair the truck has been registered as AN 01/A-4509. The victim at the time of death was 26 years of age having a good health. He was working as a mazdoor in ATI Bambooflat getting a monthly salary of Rs. 1569/-. By filing this claim case the claimant prayed for a total compensation of Rs. 4,22,400/- as compensation for loss of consortium, funeral expenses and loss of estate.

(3.) O.P.No.1 did no file any written statement, but O.P.No.2 filed written statement wherein all the material facts excepting the facts of accident are denied. It is admitted that the offending vehicle belongs to O.P.No.1 and it was duly insured with O.P.No.2. By filing this written statement this O.P. No. 2 has stated that they are not liable to pay the compensation to the claimant as there has been violation of the terms and conditions of the policy of insurance by the insured O.P. No.2.