- (1.) This First Appeal From Order filed by the Insurance company is directed against the judgment and award dated 10-09-2014 passed by the Motor Accident Claims Tribunal/District Judge, Sant Kabir Nagar in M.A.C.P. No. 38 of 2011 awarding a sum of Rs.8,71,000/- along with interest @ 7% per annum from the date of making the claim.
(2.) Facts are that petition claiming compensation to the tune of Rs.33,87,500/- along with interest was preferred by the claimant-respondents on the allegation that on 17-06-2011 when deceased Deepak, the husband of the claimant no. 1 was returning from Khalilabad on his motorcycle and had reached near Bagahiya Chauraha, Telibagh at about 11.15 am then a roadways bus having registration No. UP-51T-4640 coming from Basti hit the motorcycle from behind which resulted into grievous injuries on account of which he died during treatment. It was further pleaded that the bus was under contract with the U.P. State Road Transport Corporation and hence, it was liable to pay compensation. A first information report was lodged at P.S. Khalilabad. After causing the accident, the driver escaped towards Gorakhpur. Later on the driver was arrested and the bus was confiscated, which was subsequently released from the court.
(3.) The claim was contested by the appellant Insurance Company by filing a written statement denying the accident. It was pleaded that on the date of accident, the driver was not having a valid driving license and the bus was not being driven in accordance with the terms of the insurance policy. It was pleaded that the accident was caused due to negligence of the deceased Deepak and since the bus was under contract with the U.P. State Road Transport Corporation, the Insurance Company is not liable to pay any compensation. Respondents no. 5 & 6, the owner and driver of the bus also filed written statement denying the allegation. Though it was accepted in the written statement that they were owner and driver of the offending vehicle, which was insured with the Insurance Company and the driver was having a valid driving license. It was also pleaded that the minor accident took place while trying to save a cow. U.P. State Road Transport Corporation, the respondent no. 7 also filed filed a written statement stating that the offending vehicle was under a contract with them and in accordance with clause (10) of the contract, if any accident took place, then the liability for paying compensation is either of the owner or of the insurer. It was also pleaded that the said bus was under a contract to run from Basti to Gorakhpur and on 17-6-2011 when it was standing near Khalilabad By-pass for alighting of the passenger, the motorcycle hit from behind and the accident was caused due to rash and negligent driving of the driver of the motorcycle himself.;