- (1.) P. C. Pant, J. This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the impugned award dated 29th May, 1999, passed by the Motor Accident Claims Tribunal/district Judge, Pithoragarh, in M. A. C. Case No. 41 of 1993, whereby a sum of Rs. 1,35,000 is awarded as compensation to the claimant, and the appellant Insurance Company is directed to pay the same.
(2.) HEARD learned Counsel for the parties and perused the papers on record. Brief facts of the case are that claimant Yudhister Joshi, aged 46 years, was a teacher. On 22nd January, 1993, he was travelling in the Truck bearing registration No. U. S. Z. /9416, from Champawat to Tanakpur. When the truck reached near Chalthi, it turned turtle and fell down in a gorge, due to rash and negligent driving on the part of the driver of the truck. The cleaner of the truck succumbed to the injuries suffered by him in the accident claimant also suffered grievous injuries and his bones got fractured. Claimant Yudhister Joshi was taken to Tanakpur for medical treatment, whereafter, he got his further medical treatment at Khatima and Bareilly. For a considerable time, he could not move from the bed. He is now a disabled person. The claimant sought compensation to the tune of Rs. 2,00,000/- from defendant/respondent Mangat Ram Garg, owner of the truck and Oriental Insurance Company (appellant), with whom the truck was ensured, on the date of accident. Both the defendants, owner of the vehicle and the Insurance Company contested the claim petition and filed their separate written statement. In the written statement of the owner of the vehicle, accident was admitted but it was denied, if the same occurred due to rash arid negligent driving on the part of the driver of the vehicle. Ownership of the truck was not denied by him. It is pleaded by the owner of the vehicle that the vehicle was insured with Oriental Insurance Company Ltd. , on the date of the accident, for a period between 19th February, 1992 to 18th February, 1993. The Oriental Insurance Company in its written statement pleaded that the vehicle was meant for carrying goods and not for taking passengers. As such, the Insurance company has no liability to make the payment of compensation. It is also pleaded that the moment claimed is excessive. It is also pleaded by the Insurance Company that the terms of the policy were violated by the insured.
(3.) THE Motor Accident Claims Tribunal, on the basis of pleadings of the parties, framed following issues in the case : 1. Whether, the injured Yudhister Joshi sustained injuries on the account of rash and negligent driving on the part of the driver of the truck registration No. U. S. Z. /9416 ? 2. Whether, the truck was being plied in violation of the terms and conditions of the insurance policy ? 3. To what amount of compensation, if any, the claimant is entitled ? The Tribunal recorded evidence adduced by the parties and came to the conclusion that the accident occurred due to rash and negligent driving on the part of the driver of the truck registration No. U. S. Z/9416. It is further found that claimant Yudhister Joshi suffered injuries in the accident. On the issue No. 2, the Tribunal found that no terms and conditions contained in insurance policy were violated. After assessing the loss suffered by the claimant, the Tribunal awarded a sum of Rs. 1,35,000/- as compensation to the claimant and directed the Oriental Insurance Company to pay the same. Aggrieved by said award dated 29th May, 1999, this appeal was preferred by the Insurance Company before the Allahabad High Court in the year 1999, from where it is received by this Court, under Section 35 of the U. P. Re-organization Act, 2000, for its disposal.;