MEERA DEVI WIDOW OF LATE GURUDEO SHARMA ALIAS GURUDEO PRASAD SHARMA Vs. SANJAY KUMAR CHOUDHARY SON OF LATE JANARDAN CHOUDHARY BHAGALPUR ROAD

JUDGEMENT

(1.) THE appeal is directed against the order dated 09.04.2003 in Claim Case No. 101 of 1998 passed by the Additional District and Sessions Judge, Bhagalpur exercising the powers of the Claims Tribunal under the Motor Vehicles Act, 1988 who rejecting the claim application claiming compensation for the death of the husband of the Claimant No. 1, namely, Meera Devi while boarding the bus in question.

(2.) THE short facts is that the husband of the Claimant No. 1, namely, Gurudev Sharma while boarding the bus namely, Shiv Shakti bearing Registration No. BR 14 P-4055 on 16.09.1998 for going to Bhagalpur, he fell down as the bus moved and as a result, got himself under the wheels of the bus resulting into his death. THE First Information Report was lodged. THE police upon investigation, submitted the charge sheet against the driver of the said bus. THE post mortem of the deceased was held. THE bus in question, was insured with the respondent- Insurance Company. THE investigator of the Insurance Company also conducted the investigation with respect to the registration number of the vehicle and the driving license etc. of the driver and report to that effect was submitted with the insurance company. THE claimants are the widow mother and minor sons of the deceased.

(3.) MR. Shailendra Kumar, learned counsel appearing on behalf of the respondent ? Insurance company submits that the liability of the insurance to indemnify the owner comes only when the liability to pay the compensation is established against the owner of the vehicle or on the negligence of the driver. He further submits that the insurance company has deputed the investigator of its own who had submitted its report besides giving the details of the vehicle as on enquiry however, expressed its doubt with respect to the accident caused by the vehicle in question.