UNITED INDIA INSURANCE CO. Vs. NAND LAL RAI

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "Act") on behalf of the United India Insurance Company Ltd.-Appellant assailing the Judgment dtd. 6/12/2016 and Award dtd. 14/12/2016 passed by the learned M.A.C.T.-cum-4th Additional District Judge, Bhojpur at Ara (hereinafter referred to as "Learned Tribunal") in Motor Vehicle Claim Case No. 23 of 1999 to the extent it has not granted right of recovery from the owner of offending vehicle i.e. respondent no. 1.

(2.) Heard the learned counsel for the appellant as well as the learned counsel for the respondent no. 3. Despite service of notice, respondent nos. 1 & 2 have not appeared in this appeal after given sufficient opportunities.

(3.) The relevant facts is that on 12/2/1999 Vikas Kumar Singh (claimant) along with Jitendra Prasad was returning to attend the call of the nature then during crossing of the Road he was hit by Truck No. WB-03-6155 which was driven rashly and negligently causing injury in his leg which was treated in Hospital at Patna and other Hospitals. He filed the claim of Rs.14,00,000.00 as compensation amount and amount of expenses in his treatment. He has claimed that at the time of accident he was 21 years old and was doing business of grocery with his brother-in-law from which he was earning Rs.4,000.00 per month. No one appeared on behalf of owner and driver of the offending vehicle. The appellant Insurance Company filed written statement claiming that the claim is not maintainable, the amount claimed is exaggerated and the victim was 21 years old having no permanent income. The driver of offending vehicle had got no valid driving license at the alleged date of accident and there is breach of condition of the Insurance Policy and thus, the Insurance Company has no liability to pay.