NATIONAL INSURANCE COMPANY Vs. KESARI

JUDGEMENT

(1.) THE appellant, who was respondent No. 7, before the learned Motor Accident Claims Tribunal, Fast Track Court, Chamba (for short 'Tribunal) has preferred the present appeal. The facts, in brief, may be noticed.

(2.) THE claimant filed a claim petition before the learned Tribunal claiming therein Rs. 8 lacs on account of death of Shri Ganesh Kumar, who is alleged to have died in a vehicular accident which took place on 04.09.1997 near Manji Sahib Gurdwara on Delhi -Pathankot road at Ambala City, Haryana. It was claimed that it was on account of rash and negligent driving of the driver of vehicle No. HR -38 -2841, which resulted in the death of Ganesh Kumar, who was travelling in truck No. PAR -8317. The deceased was stated to be 24 years of age and earning about Rs. 5,000/ - per month.

(3.) RESPONDENT No. 6 was the Oriental Insurance Company which filed its reply by taking preliminary objections inter alia that the claimant had not submitted the copy of insurance policy to the Company, therefore, they were not liable to pay the compensation and that the deceased was unauthorized occupant of the vehicle and was not covered under the policy and, therefore, the petition is not maintainable as earlier similar petition filed by the petitioner had been dismissed in default. It was averred that the owner of the vehicle No. PAR -8317 had not produced the registration certificate of his vehicle and as such it has no liability to pay the compensation and that the petitioner be asked to produce police report, valid driving licence of driver, route permit and fitness certificate etc. and the manner in which the accident had taken place and as also the involvement of the deceased in the accident were denied. On merits, it was denied that the deceased was earning Rs. 5,000/ - per month and the averments regarding the deceased travelling in vehicle No. PAR -8317 from Delhi which met with an accident near Manji Sahib Gurdwara, Ambala City, were denied. Respondent No. 6 denied that the petitioner was dependent upon the deceased and that the accident had taken place due to rash and negligent driving on the part of driver of vehicle No. PAR -8317.