ANIL KUMAR Vs. ROOP KUMAR SHARMA

JUDGEMENT

(1.) This is an appeal filed by the owner of the vehicle challenging the Award dated 01.12.2016 passed by Motor Accidents Claims Tribunal, Kurukshetra, in so far as it absolves the Insurance Company from the liability of payment of the compensation.

(2.) Brief facts of this case are that on 14.06.1995, Kamal Sharma, along with 54 other pilgrims, left Kurukshetra at about 8.00 AM. They had to go to Haridwar, Ayodhya, Nepal and Jagan Nath Puri etc. They were in the Bus bearing registration No.UP-10B-0939, which was being driven by one Raju Karki, resident of Delhi. It is claimed in the claim petition that the bus was taken for journey after getting permission from Regional Transport Controller, Haridwar as well as from Managing Director, Garhwal Vikas Nigam, Haridwar. On the intervening night of 17/18.06.1995, the bus in question was on its way to Kathmandu via Sonali. At about 00 AM, when the said bus, in which the deceased-Kamal Sharma was travelling along with other pilgrims, reached in the area of Chitwan, District Chandi Bhajan, Village Vikas Samiti, Ward No.5, situated in Parevar Bhir near bridge No.2, at the distance of two kilometers from Naraingarh, the driver of the Bus lost control and the bus in question fell in Trishuli Nadi. All the 54 persons died in the accident. No dead body of the any pilgrim could be traced as the said river was about 30 meters deep. On account of death of these persons, several claim petitions were filed, one of them was of Sona Devi and others. The present petition was filed by Roop Kumar Sharma on account of death of Kamal Sharma.

(3.) The parties led their evidence. The owner of the bus produced in evidence, the cover note of the insurance of the vehicle in question along with the schedule of the policy. The Insurance Company also produced the alleged copy of insurance policy as Ex. R-4.