- (1.) RAJESH Tandon, J. Heard Sri T. A. Khan for the appellant and Sri R. Dobhal for the respondents.
(2.) THIS is insurer's appeal against the Award dated 31st January, 1996 passed by the Motor Accident Claims Tribunal, Dehradun. The claimants Smt. Devendra Devi and others preferred a claim petition under Section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Ram Lal in a motor vehicle accident. According to the claimants on the fateful day on 10th November, 1993, the deceased was going from Matli to Uttarkashi by Taxi No. UMX 491. The taxi was being driven by Prakash Singh rashly and negligently, with the result the vehicle fell down into river Bhagirathi causing the death of deceased Ram Lal. The Insurance Company, appellant filed written statement and denied the allegations made in the claim petition and further submitted that the driver had no valid driving licence nor there was valid registration. The taxi was over-loaded and terms and conditions of the insurance policy were flouted by the owner of the taxi, therefore, the Insurance Company is not liable to pay compensation.
(3.) IN order to prove their case, the claimants have examined claimant No. 1, Smt. Devendra Devi as PW 1 and Sri Kalamu Ram as PW 2 and have filed copy of post-mortem report, insurance cover- note and copy of the statement of one Khuspal Chand Ramola. Opposite party appellant has filed copy of survey report of the taxi met with accident. On the basis of the evidence adduced by the claimants, the Claims Tribunal has held that the accident had taken place due to rash and negligent driving of the taxi.;