- (1.) RAJESH Tandon, J. 1. This is insurer's appeal against the Award dated 7-1-2005, passed by the Motor Accident Claims Tribunal, Chamoli.
(2.) THE claimants Smt. Kala Devi and others preferred a claim petition under sec tion 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Virendra Prasad in a motor ve hicle accident. According to the claimants on the fateful day on 2/-5-2002, the de ceased was going from Kurud to Ghat by Truck No UP 10-D-6046. THE vehicle was being driven by its driver rashly and neg ligently, with the result when the vehicle reached near Kumartoli village the driver lost control over the vehicle and it fell down into a ditch. THE deceased sustained fatal injuries and he succumbed to his injuries instantaneously. Opposite party respondent no. 5 Sri Shashi Bhushan Ghildiyal filed writ ten statement and admitted the factum of accident but denied that the accident took place due to rash and negligent driving by its driver. He has stated that the driver had valid driving licence. The vehicle was insured with the appellant the New India Assurance Co. and insur ance company is liable to pay compen sation, if any. The insurance company, appel lant has admitted the insurance of the vehicle but it has been denied that the accident had taken place due to negli gence of driver of the offending vehicle. The insurance company has alleged that the vehicle was being plied against the terms and conditions of the insurance policy. The driver had no valid driving licence and the owner of the vehicle has no valid permit and fitness certificate.
(3.) IN order to prove their case, the claimants have examined Smt. Kala Devi as P. W. I and Sri Bhawani Dutt as P. W. 2. The claimant has also filed copy of post mortem report, copy of F. I. R. and copy of Pariwar Register. The op posite party owner of the vehicle has filed copy of driving licence, driving licence verification report, insurance cover note and fitness certificate. On the basis of the evidence ad duced by the claimant, the Claims Tri bunal has held that the accident had taken place due to rash and negligent driving of Truck No. UP 10 D-6046. The deceased was carrying potato by the truck and he was sitting in the truck as custodian of the goods. The owner of the truck has not charged any fare from the deceased. According to the insurance cover note the insurance company has charged premium for non fare paying non passengers, therefore, the insurance company is liable to pay compensation.;