ORIENTAL INSURANCE COMPANY LIMITED Vs. SMT. GAURI DEVI

JUDGEMENT

(1.) The Maxi Taxi bearing registration No. BHK 5758 met with an accident on 25th April, 1988 at 12.30 pm when late Hare Ram Sah was a passenger of the said Maxi Taxi. As a consequence of the accident, late Hare Ram Sah died. His wife and children approached the Motor Vehicles Claims Tribunal, Madhepura seeking compensation for the death.

(2.) In the written statement filed by the owner of the Maxi Taxi, he contended that he has taken out an insurance policy from the appellant and, accordingly, all his liabilities on account of such death stands transferred to the appellant. He gave the particulars of the said policy. Subsequent thereto, the appellant filed a written statement and thereby contended that it has not issued any insurance policy, nor it has any connection with the alleged policy.

(3.) After the evidence was led, the Tribunal found that there was one eye witness of the occurrence who clearly stated that the Maxi Taxi fell down in the ditch and it turned turtle thrice. He stated, as he was a standing passenger of the said Maxi Taxi, so was the deceased and fifteen to sixteen other persons. He also stated that the vehicle was not being driven fast.