UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHANCHLA DEVI

JUDGEMENT

(1.) Decision: Present appeal is filed under Section 173 of Motor Vehicles Act 1988 against award dated 23.4.2010 Whether reporters of the Local papers are allowed to see the judgment? yes. passed by Motor Accident Claims Tribunal Chamba in MAC Petition No. 60 of 2008 title Smt. Chanchla Devi and others Vs. United India Insurance Company Ltd. and another. Brief facts of the case:

(2.) Petitioner Smt. Chanchla Devi and others filed petition under Section 166 of Motor Vehicle Act 1988 pleaded therein that in the intervening night of 3rd October 2008 and 4th October 2008 deceased namely Suneet Singh was travelling in ill -fated vehicle No. PB -06F -2632 as owner of goods which was coming from Lal Pull Sherpur to Tapper. It is further pleaded that when vehicle reached at Garghar near Lal Pull Sherpur Tehsil Dalhousie District Chamba HP due to rash and negligent driving on the part of driver vehicle went off the road and fell down 600 metres below road. It is further pleaded that age of deceased at the time of accident was 43 years and deceased was commission agent with civil supply Tapper and he was running a shop at village Tapper. It is further pleaded that deceased was also agriculturist. It is further pleaded that monthly income of deceased at the time of death was Rs.7000/ - (Seven thousand) per month as commission agent, Rs.5000/ - (Five thousand) per month as shop keeper and Rs.3000/ - (Three thousand) per month as agriculturist. It is further pleaded that total income of deceased was Rs.15000/ - (Fifteen thousand) per month at the time of his death. It is further pleaded that FIR No. 58 of 2008 dated 4.10.2008 was registered at police station Kheri. It is further pleaded that deceased sustained head injuries and died due to head injuries at the spot. It is further pleaded that petitioner No.1 is the widow of deceased and petitioners No. 2 and 3 are minor sons of deceased Suneet Singh. Compensation to the tune of Rs.15 lac sought along with costs and interest @ 12% per annum.

(3.) Per contra response filed on behalf of co - respondent No.1 pleaded therein that vehicle was used in contravention of insurance policy. It is further pleaded that driver was not holding valid and effective driving licence to drive goods vehicle. It is further pleaded that deceased was gratuitous passenger and his risk was not covered as per insurance policy. Prayer for dismissal of petition sought.