Kaushal Jayendra Thaker,J. - (1.) Heard Sri B.P. Verma, learned counsel for the appellants, Sri Mohan Srivastava, learned counsel for the respondents- Insurance Company. None appears for original owner for tempo trailor.
(2.) This appeal, at the behest of the claimants, challenges the judgment and order dated 30.09.2002 passed by Special Judge/Motor Accident Claims Tribunal, Mathura (hereinafter referred to as 'Tribunal') in M.A.C. No. 289 of 2001.
(3.) The facts in nutshell are that on the fateful day when the accident took place. The tractor trolley owned by respondent insured with the respondent-Insurance Company was responsible for the commission of the accident as it was stationed in the middle of the road, in which the deceased, who was a teacher by profession and was going from Bhartpur By-pass bridge on 25.5.2001 his motorcycle dashed with the said tractor owned by the respondent at about 9:30 p.m.. The claimants alleged that on 25.5.2001 due to the said accident the husband of Santosh claimant no.1 got injured and he had to be admitted to two hospitals first from 25.05.2001 to 26.05.2001 and later from 26.05.2001 till 04.06.2001 where he scummed to the accidental injuries on 04.06.2001. The deceased left behind him two minor children one of four years and one of 2 years and his young widow of 30 years. He was also survived by his aged parents. Bhagwan Singh deceased was 33 years of age and was a teacher in a school earning Rs.7,000/- per month also had agricultural land. The deceased had sustained several multiple injuries and the accident occurred on National Highway No.2 at about 9.30 pm.. The deceased was travelling on his motor cycle bearing No. U.P. 85C/6133. The deceased was admitted in Swarn Jayanti Samuhik Hospital, Mathura and then when the said hospital felt that he was sinking they referred him to Kamayani Hospital, Agra from where he was shifted Mathura. The respondent no..2 and 3 were the owners and drivers of the said tractor trolly. The claimants claim was confronted by the Insurance Company contending that the vehicle was not insured with them. There was collusion between owne and claimants that the Charge sheet and F.I.R. was not filed in time. No effective and valid license was filed. The the owner of the tractor trolly was not cooperating with the Insurance Company. There was inordinate delay in filing the F.I.R. The driver of the tractor trolly was not negligent but the deceased was negligent.;