UNITED INDIA INSURANCE CO LTD Vs. PALA DEI

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter called as 'the Act ') filed by the Insurance Company against an award dated 13.12.2004 passed by the 2nd Motor Accident Claims Tribunal, (hereinafter referred to as the Tribunal ') Cuttack, in Misc. Case No. 902 of 2002.

(2.) THE case of the claimant -petitioners before the learned Tribunal was that on 2.11.2002, one Truck bearing Registration No.ORY -4272 was capsized on Tata -Duburi road. The offending Crane bearing Registration No. OSU -8178 came for lifting the Truck which was capsized on the road. The Crane while turning over was capsized on the deceased Dibakar Purti, who was the driver of vehicle, bearing Registration No. ORY -925 and was witnessing the lifting process of the capsized Truck. As a result of which the deceased died at the spot. After the accident the deceased was taken to Danagadi Hospital, where post mortem over the dead body of the deceased was conducted. The accident took place due to the rash and negligent driving of the driver of the offending crane. The case was reported to Tomaka Police Station. The deceased was working as a driver and drawing Rs. 4,000/ - per month. The further case of the claimants is that the offending vehicle (crane) was validly insured with the insurance company and the driver had valid driving licence. Hence, both the Insurance Company and the owner of the vehicle were jointly and severally liable to pay compensation to the claimant -respondents.

(3.) THE Insurance Company filed its written statement denying all the averments made in the claim application generally and specifically. The further case of the Insurance Company was that the policy number disclosed in the claim petition was not complete. It also denied the age, income and occupation.