N. K. Mehrotra, J. - (1.) THIS is the first appeal against the judgment and award dated 23.8.1993 passed by the Motor Accident Claims Tribunal, Sitapur in Motor Accident Case No. 85 of 1992, Smt. Bhagwan Devi Tripathi and others v. U.P.S.R.T.C. and others, allowing the claim petition of the predecessor of the respondents 2 to 4 and awarding a sum of Rs. 34,000 alongwith the interest @ 12% per annum against the appellant Nos. 1 and 2.
(2.) I have heard the learned counsel for the appellant and the New India Assurance Company Ltd. respondent No. 5. The other respondents have not appeared to make any submission. It appears that on 4.4.1992, Bus No. UP-34/6283 belonging to U.P. State Road Transport Corporation dashed against House No. 24 situated at Mohalla Ghandhi Nagar, Sidhauli belonging to Shri Uma Shanker Tripathi, the claimant (now the deceased) and caused damage to a portion of his house. The case of the U.P. State Road Transport Corporation is that this Bus while taking out from the gate of the bus station towards national highways, collided with truck No. DIG/6654 coming from Lucknow towards Sitapur and the driver of the bus could not control it and dashed with the house of the claimant. The appellants are the owners of the truck No. DIG 6654.
(3.) LEARNED Tribunal recorded its finding that the accident took place due to rash and negligent driving of truck No. 6654 and there was no negligence of the driver of bus No. UP 34/6283 and therefore, the Tribunal found the owner and the driver of the truck and Insurance Company of the truck liable for compensation. LEARNED Tribunal assessed the damages of the house at Rs. 40,000. Further the learned Tribunal fixed the liability to the tune of Rs. 6,000 for New India Assurance Company because it was a case of third party property damages and the learned Tribunal was of the view that the liability of the Insurance Company in case of third party cannot exceed Rs. 6,000. The rest of the amount of Rs. 34,000 was directed to be paid by the owner of the truck, the appellant. In this appeal, the appellant has filed a supplementary-affidavit on 12.9.2000 and alongwith the affidavit, the appellants have filed a photostat copy of the Insurance Policy, Annexure-A1 and photostat copy of the letter dated 26.2.1996, written by the Branch Manager of the New India Assurance Company to the Divisional Manager, Lucknow Annexure-A2. These documents have not been rebutted in any manner by the New India Assurance Company. At the time of arguments, the learned counsel for the New India Assurance Company made submission that in case these documents are considered, then the case should be remanded back to the Tribunal but when the opportunity to rebut these documents, was offered, he could not indicate any document which can be filed in rebuttal of these documents.;