ORIENTAL INSURANCE CO LTD Vs. LALITA SHARMA

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the award of the Motor Accidents Claims Tribunal, Solan, H. P. (hereinafter referred to as 'the Tribunal'), passed in M.A.C. Petition No. 16-S/2 of 1996; decided on 2.5.1998.

(2.) A young boy, Ashish Sharma, died in an accident which took place on 25.7.1995 between a scooter and a truck near the Housing Board Colony, Kalka. A claim petition was filed by the claimants Lalita Sharma and Hem Chand Sharma under section 166 of Motor Vehicles Act. In this claim petition it was alleged that they were the parents of the deceased. The owner and driver of the truck did not deny the accident. It was alleged that the accident had occurred due to rash and negligent driving of the scooterist on which the deceased was riding as a pillion rider. It was pleaded that the owner, driver and insurer of the scooter were necessary parties to the petition. The appellant insurance company in its reply took up a plea that Lalita Sharma was not the mother of the deceased. It was alleged that in fact Hem Chand Sharma had entered into wedlock with one Christian lady, named Alice. Out of this wedlock the deceased was born. Thereafter, the relations between Hem Chand Sharma and Alice had deteriorated. It was stated that Alice had first gone to Middle East and thereafter had shifted to Canada. It was alleged that Alice had been remitting money to Hem Chand Sharma for the upkeep of their minor child. She had also been visiting Solan. She later came to know that the father had misappropriated the amounts sent by her for the maintenance of the minor and thereafter she was remitting the amount through some other friends. It was also alleged that the deceased was trying to emigrate to Canada to join his natural mother. The insurance company took up the plea that Alice was a necessary party to the claim petition. Various other pleas were also raised.

(3.) In rejoinder, it was stated that in fact Lalita Sharma had adopted the deceased. It was stated that before going abroad Alice had obtained divorce from the husband. It was stated that the minor had been adopted by Lalita Sharma as per custom. The case set up was that thereafter Lalita Sharma had married petitioner Hem Chand Sharma. It was only the petitioners who were looking after the deceased. Hem Chand Sharma was the natural father of the deceased and Alice the biological mother had been living abroad and was not entitled to compensation. It was alleged that Lalita Sharma was treating the deceased like her elder son.