- (1.) RAJESH Tandon, J. Heard Sri D. S. Patni Counsel for the appellant and Sri L. K. Tiwari, Sri P. C. Bisht and Sri Kishor Kumar Counsel for the respondents.
(2.) THIS is insurer's appeal against the Award dated 28th June, 2003, passed by the Motor Accident Claims Tribunal, Almora. The claimant Smt. Prema Bisht preferred a claim petition under Section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Govind Singh in a motor vehicle accident. According to the claimant on the fateful day on 2nd March, 2002 at about 7. 30 p. m. , the deceased was travelling by Jeep No. UP 01/3159. The vehicle was being driven by its driver rashly and negligently, with the result when the vehicle reached near Badyura 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. 2 Sri Shamsher Singh filed written 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 United India Insurance Co. and Insurance Company is liable to pay compensation if any. 2 Create PDF with GO2pdf for free, if you wish to remove this line, click here to buy Virtual PDF Printer This Software is licensed to: :-REg Copyright Capital Law Infotech
(3.) THE Insurance Company, appellant has admitted the insurance of the vehicle but it has been denied that the accident had taken place due to negligence 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. In order to prove their case, the claimant has examined Smt. Prema Bisht as PW 1 and has also filed copy of post-mortem report, copy of F. I. R. and copy of Pariwar Register. The opposite party owner of the vehicle has filed copy of driving licence, insurance cover note and fitness certificate. The opposite party Insurance Company has filed survey report and has also examined Surveyor Sri Chandra Pal Singh Tomar as DW 1.;