Prakash Krishna, J. - (1.) This is an appeal at the instance of insurance company who had insured a truck bearing registration No. DIG 3227. The appeal arises out of M.A.C.T. No. 389 of 2000 with respect to a claim petition filed under sections 140, 165 and 166 of Motor Vehicles Act, 1988.
(2.) The facts of case lie in a narrow compass. Virendra, a boy of five years on 5.10.1992 at about 10 a.m. received injuries from the aforesaid truck insured with the appellant due to rash and negligent driving of the vehicle. The boy expired while he was being taken to the Gorakhpur Sadar Hospital for treatment. His parents filed the claim petition claiming compensation of Rs. 90,000 on the allegation that0 the aforesaid truck while coming from east to west hit their minor son Virendra who ultimately expired on the same day.
(3.) In the claim petition the insurance company appellant as well as the owner of the truck were impleaded as parties. The truck owner filed written statement denying the allegations of the accident. It was further stated that the truck was insured with the appellant Oriental Insurance Co. Ltd. for the period 29.9.1992 to 28.9.1993. The written statement of insurance company is that of total denial. It expressed its ignorance as to whether the truck in question was insured with it at the relevant point of time. In para 32, the insurance company pleaded that it appears that the boy died on account of his own negligence while crossing the road.;