UNITED INDIA INSURANCE COMPANY LIMITED Vs. NEETU KUMARI

JUDGEMENT

(1.) Heard learned counsel for the appellants. No one appears on behalf of the claimants (respondent Nos.1 and 2) or the owner (respondent No.3) in spite of service of notice.

(2.) By the impugned order dtd. 20/6/2013 passed in Claim Case No.1 of 2012, the Ad hoc Additional District Judge-IV-cum-M.A. C.T., Jamui, has awarded Rs.50,000.00 (rupees fifty thousand) in favour of the dependents of Mr. Ashish Kumar Bhagat, who is victim of road accident.

(3.) The fact of this case is that the deceased and others were traveling on a Tata Sumo, bearing registration No.WB-54B/8526, from Bolpur to Tarapith in the West Bengal. The driver of the vehicle lost control and the vehicle met with an accident wherein Ashish Kumar Bhagat who was travelling in the same died. For the occurrence aforesaid, Sioudi P.S. Case No.307 of 2011 was registered. The Tribunal while allowing the prayer under Sec. 140 of the Motor Vehicles Act, 1988, found that the vehicle was validly insured for the period covering the date of accident. The vehicle was being driven by the owner-cum-driver Ranjan Dey, the Opposite Party No.2 before the Tribunal. The prayer was opposed on the ground that the driver had a license to drive motorcycle, scooter etc. only and not light motor vehicles.