NEW INDIA ASSURANCE CO Vs. MD YUNUS

JUDGEMENT

(1.) THE appellant is the New India-Insurance Company Limited (shortly 'the Insurance Company'). It has challenged the judgment dated 29.7.1987 and the award dated 10.8.1987 by reason of which the Claims Tribunal has awarded a sum of Rs. 1,12,000/- to the claimants as compensation under Section 110A of the Motor Vehicles Act.

(2.) THE claimants (respondents 1 and 2) filed a claim case for grant of compensation on account of death of their son Zasikuddin Ansari. According to the claimants the deceased was the driver of a taxi bearing registration No. BHM 9039 belonging to respondent No. 3. While returning to his house on 26.1.1982 the said vehicle dashed against a tree by the side of the road as a result of which the deceased succumbed to his injuries. It is the case of the claimants that the deceased was getting salary of Rs 1100/- per month and the vehicle was insured with the Insurance Company.

(3.) ON consideration of the evidence on record, the Claims Tribunal came to the conclusion that the factum of accident is not in dispute and at the time of accident the deceased was driving the vehicle. Taking into consideration fee evidence of one Md. Azim, A.W. 4, a motor mechanic the Tribunal arrived at a conclusion that on account of the negligence on the part of the owner to maintain the vehicle properly, the said vehicle met with an accident resulting in the death of the victim driver. The Motor Vehicle Inspector, A.W. 5, has also found certain mechanical defects in the vehicle and according to him the accident was caused due to failure of the hydraulic foot-break which failed due to leakage of break oil from either pipes, wheels or motor cylinder cups.