ORIENTAL INSURANCE COMPANY LTD Vs. MOST.SITA DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal has been filed for setting aside judgment dated 16.2.2005 and award signed on 26.2.2005 passed in M.V. Claim Case No. 31/2002 by Additional District Judge -cum -Motor Vehicle Claims Tribunal, Begusarai, whereby and whereunder the learned Tribunal has ordered Opposite Party No. 2, Regional Manager, Uttar Pradesh Transport Corporation, Dehradun and O.P. No. 4, Oriental Insurance Company which is insurer of DCM Kainter of vehicle bearing Registration No. DL -1L0696, to pay jointly compensation of Rs. 2,31,500/ - (Two lacs thirty -one thousand five hundred) with interest @ 6% per annum from the date of filing of the claim petition i.e. 19.4.2002 till date of payment with a direction to both the Opposite Parties should bear half and half i.e. 50% of the claim amount. The appellant happens to be Insurer of DCM Kainter vehicle bearing Registration No. DL -1L - 0696. and appellant No. 2 is the local office bearer of the same Insurance Company, Begusarai.

(3.) LEGAL heirs and dependent of Late Triveni Das has filed the aforesaid claim case with the facts that on 11.9.2000, the deceased Triveni Das was driving the vehicle bearing Registration No. DL - 1L -0696 and was proceeding towards Chhutmalpur and when he was crossing Pandev Dhaba situated at Rudhki Mudgaam Madkala, the driver of vehicle No. UP -07 -2768 was coming from the opposite direction by driving the vehicle rashly and negligently and dashed the vehicle No. DL -1L - 0696. from the front side which resulted in spot death of deceased Triveni Das, who was brought to Sadar Hospital, Saharanpur, where his Post Mortem was done and on the statement of the Dhaba owner, F.I.R. was instituted vide Fatehpur P.S. Case No. 139 of 2000, Saharanpur, under Sections 279, 337, 338, 427, 304A of Indian Penal Code.