UNITED INDIA INSURANCE COMPANY LTD. Vs. SHUSHMA DEVI

JUDGEMENT

(1.) THE present appeal has been filed by the insurer -United India Insurance Company assailing the award dated 8.7.2005 passed by Motor Accident Claims Tribunal, Kullu, in Claim petition No. 51 -2004, titled as Smt. Shushma Devi and others v. Gopi Chand and others.

(2.) THE facts giving rise to the filing of the present appeal are as under : - Shri Sunit Singh, was driving vehicle (Truck) No. HP -66 -1771 to Kullu and somewhere near a place called Sharni, H.P. the tyre of the vehicle got punctured. He loaded two tyres of his vehicle on Truck No. HP -34 -4632 and travelled in it to the nearest available place to get the same repaired. However, near Village Hathithan, on the Bhuntar Manikaran road, the said vehicle met with an accident near Village Hathithan, in which Shri Sunit Singh died. He was employed as a driver by Shri Mahesh Kumar on a monthly salary of Rs. 6000 per month. His legal heirs i.e. his widow, sons and mother filed a petition under Section 166 of the Motor Vehicles Act, 1988, (hereinafter referred to as the Act) claiming compensation of Rs. 8 lacs.

(3.) THE Insurer filed reply, inter alia pleading that the petition was filed in collusion with the owner and the driver of the vehicle; the driver was not possessing a valid and effective driving licence and that the vehicle was being driven in contravention of the Act. In a passing reference, it was denied that the deceased was not travelling in the vehicle as owner of the goods.