ARCHANA GOEL Vs. NAV RATAN BALASIA

JUDGEMENT

(1.) THE claimants have preferred this appeal against the order by which Motor Accidents Claims Tribunal, hazaribagh, dismissed the claim application whereby the claimants had sought for compensation of Rs. 6,00,000 on account of the death of Uma Prakash Goel due to vehicular accident.

(2.) IT is the case of the claimant that the deceased Uma Prakash Goel while travelling in a car, bearing registration No. BHG 9493 hired from Nav Ratan Balasia, who was made as opposite party No. 1, along with others in the night of 31/1. 6. 1990, it dashed against a tree, as a result of which it turned turtle and caught fire and the deceased received burn injury that proved to be fatal.

(3.) ACCORDING to claimants, vehicle was insured with National Insurance Co. Ltd. However, opposite party No. 1 (Nav Ratan balasia) having appeared in the case did file his written statement denying that he was the owner of the vehicle on the date of accident. It was his case that before the accident, he had sold the car to one Ram gopal Baiswal which fact somewhat finds support from the written statement filed on behalf of the insurance company wherein it has been stated that insurance policy at the time of occurrence never stood in the name of opposite party No. 1, rather it stood in the name of one Chandra Mohan shaw of Dhanbad, respondent No. 1.