UNITED INDIA INSURANCE CO LTD Vs. SHANTI PRASAD

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the judgment and award dated 29th April, 2002, passed by Mahendra Narain Singh, II Ird Addl. District Judge, Bhagalpur, in Claim Case No. 49 of 2001, by which allowed the claim worth Rs. 11,79,704.00 (Rupees Eleven lakhs seventy nine thousand seven hundred four) only with interest @ 8% till March, 2001 and 7%

(2.) The case of the claimant is that deceased Gagan Bihari Prasad while travelling on the Bus bearing BRC 2996 on 2nd October, 2000, met with an accident when the bus collided with a tree due to rash and negligent driving of the driver and succumbed to the injury. The claim petition filed in which the bus driver appeared and filed a rejoinder contested the claim and asserted that vehicle was insured and even produced the driving licence of the driver and road permit.

(3.) Several opportunity was given to the Insurance Company after due notice, but no written statement was filed on behalf of the Insurance Company and finally five issues were framed as follows;