UNITED INDIA INSURANCE CO. LTD. Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS judgment will dispose of two appeals bearing Nos. 90 of 2002 and 91 of 2002, arising out of the common award dated 28.02.2002 passed by the Motor Accidents Claims Tribunal, Jammu, (for short hereinafter referred to 'as the Tribunal) by which the claim petitions filed by the claimants have been accepted.

(2.) RELEVANT facts for the disposal of these appeals are that on 18.5.1997, Balbir Singh -claimant alongwith deceased -Sardar Singh were traveling in a Matador bearing registration No. 1419 -JK02D. When it reached near Sarore Bridge, a Bus bearing registration No. 2003 -JKU which was being rashly and negligently driven by its driver came from the opposite side and hit the matador in which they were traveling, as a result of which, Balbir Singh sustained grievous injuries and also in the said accident, Sardar Singh died. Thereafter, the legal heirs of deceased -Sardar Singh filed a claim petition on account of his death, whereas, Balbir Singh, injured in the accident also preferred the claim petition. Both the claim petitions were opposed by the respondents and respondent National Insurance Company in claim petition No. 219 filed by legal heirs of deceased -Sardar Singh, raised objection that claim petition is bad for non -joinder of necessary parties because driver/owner and insurer of Matador No. JK02D -1419 which was also involved in the accident have not been impleaded as parties in it. However, it was admitted that Bus No. JKU -2003 was insured with the National Insurance Company at the time of accident. It was pleaded that the driver of the offending vehicle was not holding a valid driving license at the time of accident. The appellant -Company raised objections that the driver of the offending vehicles (Mini Bus No. JK02D -1419) was not holding a valid driving license and the offending vehicle was being driven against the terms and conditions of the Insurance Policy. However, it was admitted that the vehicles were insured with the respective Insurance Companies.

(3.) THE appellant -Company being the insurer of Matador No. JK02D -1419, has preferred these appeals. Mr. Vishnu Gupta, learned Counsel appearing for the appellant -Company submitted that the learned Tribunal, has not appreciated the evidence on record in right perspective. He submitted that the finding of the learned Tribunal that the accident was caused due to contributing negligence of both the drivers of the offending vehicles is perverse and contrary to the evidence on record on both the files. He submitted that the claimants have examined witnesses namely Ashok Kumar, Ashok Kumar and Balbir Singh (Claimant injured in the other claim petition). They have categorically stated that the accident was caused due to rash and negligent driving of Bus driver namely Jagdeep Singh, respondent -4 alone. He further submitted that the learned Tribunal has erroneously relied upon the copy of the FIR. He submitted that the copy of the FIR is not a public document and admissible in evidence without formal proof. He submitted that the learned Tribunal has based its finding on the face of FIR that the drivers of both the offending vehicles were negligent in driving their vehicles.