- (1.) R. K. RASTOGI, J. This is an appeal against the award dated 24. 5. 2000, passed by Sri Shiva Ji Srivastava, learned Presiding Officer, Motor Accident Claims Tribunal/ivth Additional District Judge, Hardoi in M. A. C. P. No. 2 of 1995, Smt. Rimvati and others v. Guru Charan Singh and others.
(2.) THE facts giving rise to this appeal are that the claimants/respondents No. 1 to 5 filed aforesaid claim petition against the appellant and respondents No. 6 and 7 with the allegations that Sri Sobran, husband of claimant No. 1 and father of claimants No. 2 to 5 was going to his village Dhamapur. P. S. Pihani, District Hardoi on a dunlop bullock cart on 26. 11. 1994. He reached near village Piparia at about 5. 00 p. m. and at that time Mini Truck No. U-P. 03/0140 came from the side of Maigalganj. It was being driven by O. P. No. 2 Ashok Kumar (respondent No. 7 in the present appeal) in rash and negligent manner and it dashed the Dunlop bullock cart from behind without blowing horn. Consequently the Dunlop bullock cart was broken and Sobran was also injured. He was admitted in the District Hospital Hardoi for treatment on that very day but he died in the hospital on 28. 11. 1994. A sum of Rs. 15,000 was spent on his treatment. THE mini truck was owned by O. P. 1, Guru Charan Singh (respondent No. 6 in the present appeal) and it was insured with M/s. Oriental Insurance Company, O. P. No. 3 (present appellant ). THE age of Sobran Singh was 60 years at the time of the accident and he was earning Rs. 3000 per month by agricultural work and sale of vegetables. THE F. I. R. of the incident was lodged at P. S. Pihani by Sri Ram, the owner of bullock cart on 29. 11. 1994 and on the basis thereof crime No. 293 of 1994 was registered under sections 279, 337, 338,427 and 429,1. P. C. THE petitioners claimed Rs. 2,50,000 for loss of in come due to death of Sobran, Rs. 40,000 for mental pain and suffering, Rs. 15,000 for medical expenses, Rs. 20,000 for difficulties in maintenance of the family and Rs. 5000 for funereal expenses in all Rs. 3,30,000. O. Ps. No. 1 and 2 (respondents No. 6 and 7 in the present appeal) filed a joint written statement in which they pleaded that they had valid permit for plying the vehicle issued by the R. T. O. Bareilly and it was valid for the pe riod from 2. 9. 1992 to 1. 9. 1997. Road tax etc. of the vehicle had been paid and the truck was insured with the Oriental Insurance Company Badaun for the pe riod up to 24. 4. 1995. O. P. No. 2 is a licensed driver and he had obtained driving licence from the R. T. O. Deharadun. It was valid for the period from 22. 2. 1994 to 21. 2. 1997 and the driver had been authorised to drive light motor vehicles medium motor vehicles, as well as heavy motor vehicles. The claimants have claimed excessive amount. However, their liability is to be borne by the insur ance company. O. P. No. 3, the present appellant, filed a separate written statement in which it was pleaded that the petition had not been filed in accordance with the provisions of section 166 of the Motor Vehicles Act and so it was not main tainable. The petitioners had not filed the site plan, the post-mortem report and the first information report and so the petition is liable to be dismissed on this very account. Full particulars of the insurance policy had not been given and so in the absence of those particulars the insurance could not be accepted. Even if the vehicle was insured and the accident had taken place actually, the insurance company could not be liable to pay any amount unless and until it is proved that the driver had a valid driving licence with him. The amount claimed is excessive, the petition was barred by limitation. The following issues were framed by the Claims Tribunal: 1. Whether any accident took place on 26. 11. 1994 at about 5 p. m. near village Piparia, P. S. Pihani, District Hardoi with mini truck No. U. P.-03/0140 due to rash and negligent driving by its driver resulting into injuries to Sobran and whether Sobran died as a result of those injuries on 28. 11. 1994 at about 9. 00 p. m. in the District Hospital Hardoi? 2. Whether the truck was insured with the Oriental Insurance Company on the date of accident and whether the driver of mini truck had a valid driving licence with him? 3. To what relief and amount if any are the petitioners entitled and from whom? 4. Whether the petitioners are entitled to any other relief?
(3.) THE Claims Tribunal held on issue No. 1 that the accident took place on 26. 11. 1994 at about 5. 00 p. m. near village Piparia P. S. Pihani, District Hardoi by truck No. U. P.-03/0140, which was being driven by its driver rashly and negligently and Sobran had received injuries in this accident and he died as a result of those injuries on 28. 11. 1994 at 9. 00 p. m. in District Hospital Hardoi. He held on issue No. 2 that the mini track No. U. P.-03/0140 was validly insured with the Oriental Insurance Company on the date of the accident and its driver had a valid driving licence. He held on issue Nos. 3 and 4 that the petitioners were entitled to Rs. 50,000 for loss of dependency and Rs. 2000for funeral expenses and petitioner No. 1 was also entitled to Rs. 5000 for loss of consortium. He further held that the insurance company was liable to pay this amount. He, therefore, decreed the claim petition for recovery of Rs. 57,000with proportionate costs and pendente lite and future interest till the date of actual recovery at the rate of 6% per annum and directed the insurance company to pay this amount to the petitioners. Aggrieved with the aforesaid award of the Tribunal the insurance company has filed this appeal.;