- (1.) The present appeal has been filed against the judgment and award dated 7.2.2002 passed by the Additional District and Sessions Judge, Court No. 6, Bareilly/Motor Accident Claims Tribunal, Bareilly in M.A.C.P. No. 738 of 1999 by which the appellant (Oriental Insurance Co. Ltd.), who is the insurer of three wheeler No. U.P.-25/9737, has been directed to deposit the entire awarded amount of Rs. 2,69,000 on the claim petition preferred by the legal representatives of deceased (Mahendra Singh). According to the claimant's case, Mahendra Singh (the deceased), aged about 20 years, was travelling in three wheeler No. U.P.-25/9737 on 13.10.1999 when, at about 7:45 a.m., the three wheeler met with an accident with a Bus No. U.P. 25/6998, resulting in serious injuries to him to which he succumbed later in the hospital. It was claimed that the three wheeler as well as the Bus was being driven in a rash and negligent manner.
(2.) The Tribunal framed various issues. It came to the conclusion that the bus and the three wheeler were being driven in a rash and negligent manner. It therefore, found that the accident was an outcome of composite negligence of both the vehicle drivers. It found that the three wheeler was responsible to the extent of 30% whereas the bus driver was responsible to the extent of 70%. The Tribunal assessed the compensation at Rs. 2,69,000 and directed the appellant, who was the insurer of the three wheeler, to deposit the entire awarded amount of Rs. 2,69,000.
(3.) The appeal was admitted and notices were issued to the respondents 1 to 6. Service of notice on respondents 1, 2, 3 and 6 was declared sufficient by the officer on special duty, as would be apparent from the order dated 21.7.2010 recorded in the order-sheet. In respect of respondents 4 and 5 fresh notices were issued. Subsequently, by order dated 1.3.2012, service of notice on respondents 4 and 5 was also declared sufficient.;