ORIENTAL INSURANCE CO LTD Vs. MEERA

JUDGEMENT

(1.) THIS appeal by the insurance company is directed against the award of the Motor Accidents Claims Tribunal-I, Sirmaur District at Nahan in M.A.C. Petition No. 21-M.A.C./2 of 2004 decided on 1.3.2005 whereby he has awarded compensation of Rs. 10,00,000 in favour of the claimants and held the insurance company liable to pay the said amount.

(2.) THE undisputed facts are that claimants who are the widow, minor daughter and mother of late Naresh Kumar filed a claim petition claiming compensation in respect to the death of Naresh Kumar in an accident of vehicle No. HP 18-0571 owned and driven by Babu Ram and insured with the appellant insurance company. In the claim petition it was alleged that deceased was working as Shastri in the Education Department. It was further alleged that the deceased was travelling in the pick-up along with his domestic goods when the accident took place. In para 21 it was also alleged that the deceased was travelling in the pick-up of his friend when it met with an accident. It is pertinent to mention that there is no allegation that the deceased had hired the vehicle for carriage of goods. THE owner-cum-driver in his reply took the plea that the deceased had engaged the vehicle and was travelling with his goods in the said vehicle. THE insurance company took the plea that deceased was an unauthorised passenger in the goods vehicle. It also took the plea that the owner-cum-driver did not possess a valid and effective licence at the time of the accident.

(3.) AS mentioned above, in the claim petition there was no allegation that the deceased had hired the vehicle in question or that he was travelling in the same as owner of the goods. No doubt, it is stated that the deceased was carrying some domestic goods in the vehicle but neither there is any description of any goods nor it is mentioned that the vehicle was hired. Insurance company had taken a specific stand that the deceased was an unauthorised passenger. The claimant Meera while appearing in the witness-box has not stated a word as to what goods were being carried in the vehicle or that deceased had hired the vehicle in question. No suggestion was put to her on behalf of the owner-cum-driver that deceased had hired the vehicle. In any event this witness could not have stated anything in this regard since she was not present when the deceased boarded the vehicle or when the accident occurred.