NATIONAL INSURANCE CO. LTD Vs. MANMEEN KAUR

JUDGEMENT

(1.) This is an appeal brought by National Insurance Company Ltd., the insurer of three wheeler bearing registration No. PB- 06B/7092, which has been involved in an accident with a running train at an unmanned railway level crossing on 23.08.2001. The claim petition had been brought by the husband and children of Sawinder Kaur, who had died in the aforesaid accident. The claim of Manmeen Kaur and others in this regard is as under:-

(2.) On 23.08.2001 Sawinder Kaur wife of Gurbax Singh was travelling in a three wheeler bearing registration No. PB-06B/7092 from village Bariar to Gurdaspur. She was accompanied by various other passengers in the said vehicle. The said three wheeler was owned by Hans Raj and was driven by his son named Ashwani Kumar. Ashwani Kumar was driving the said vehicle in a rash and negligent manner and when he was crossing the unmanned railway level crossing at gate No. C-550/74/1.2 Gurdaspur DNN at about 11.00 AM, it stopped on the track and did not move. In the meanwhile, a train came from the side of Gurdaspur and had hit the three wheeler and dragged the same to a good distance. Sawinder Kaur and some other persons died at the spot. Only Balraj Kaur survived from the passengers of the three wheeler. The accident is claimed to have occurred due to rash and negligent driving of Ashwani Kumar, who failed to take the necessary precautions at the time of entering an unmanned railway level crossing. Compensation in a sum of Rs. 10,00,000/- was claimed on the death of Sawinder Kaur.

(3.) Respondent No. 1, National Insurance Company Ltd., is the insurer of the vehicle in question. It has questioned the maintainability of the petition in the present form. It has also pleaded that the driver of the insured vehicle was not holding or possessing a valid and effective driving licence at the time of the alleged accident. The petition is also claimed to be bad for non- joinder of necessary parties. The averments of the claimants on merits are also denied.