NEW INDIA ASSURANCE CO LTD Vs. UGMA DEVI

JUDGEMENT

(1.) HAVING heard learned counsel for the parties and having perused the material placed on record, this court is unable to approve the procedure as adopted by Motor Accidents Claims Tribunal, Sojat, camp Jaitaran in Claim Case no. 16 of 2007 where the learned Tribunal has proceeded to reject the application moved by the petitioner insurer under section 170 of the Motor Vehicles Act, 1988 ('the Act') by the impugned order dated 12. 7. 2004, Annexure 4 and has altogether denied the petitioner the right to cross-examine the witnesses.

(2.) SHORN of unnecessary details, suffice it to notice for the present purpose that the claimants-respondent Nos. 1 to 4, being the heirs and dependants of the vehicular accident victim Govind Singh, 32 years, have filed the claim application with the submissions, inter alia, that on 17. 9. 2001 the victim, while travelling in a bus bearing registration No. RJ 10-P 4344 met with his untimely end for the bus colliding with a truck bearing registration No. GJ 1-U 3974 on National Highway 8 near Nadiyad. The claimants have submitted that the victim was engaged in a private job earning about rs. 4,400 per month and with reference to their loss of dependency and other losses, have claimed compensation against the owners, drivers and insurers of the vehicles involved in the accident. The petitioner new India Assurance Co. Ltd. is stated to be the insurer of the aforementioned truck bearing registration No. GJ 1-U 3974.

(3.) PETITIONER has filed a reply, Annexure 2, to the said claim application and while denying the assertion of the claimants of their entitlement to compensation, has asserted, inter alia, that the accident occurred exclusively for the fault of the bus driver; that the liability of the insurance company would remain limited as per the policy concerned; and that it would be adopting the provisions of sections 147 and 149 of the Act for the purpose of its defence.