- (1.) Heard learned counsel for parties and perused record. Though served, owner is not represented by any counsel.
(2.) Both these appeals have arisen from same accident. National Insurance Company Limited (hereinafter referred to as 'Insurance Company') has challenged judgement and award dated 24.09.2011 passed by Additional District Judge, Court No.13/Motor Accident Claim Tribunal, Lucknow (hereinafter referred to as 'Tribunal'). The original claimants have also preferred appeal being FAFO No. 656 of 2012. Parties are referred as claimants and Insurance Company respectively.
(3.) Brief facts leading to filing of litigation are that Rajan Das Gupta died in vehicular accident. He was Branch Manager with Shriram (U.P.Circle) Honda Power Equipment Limited at Lucknow. On 3.1.1993 at about 6.30 in evening, deceased was plying a car bearing No. MMU-8796 on its correct side i.e. left side, at that time a jeep being driven rashly and negligently came from opposite direction without giving any hint or blowing horn and without following any of the traffic Rules, dashed with vehicle of deceased. Deceased and other person were injured. A vehicle coming from behind saved them but Rajan Das Gupta succumbed to injuries. F.I.R. was lodged and thereafter claim petition was filed. Heirs of deceased claimed a sum of Rs. 40,70,000/- under Section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as 'Act, 1988'), claiming that deceased was earning Rs. 10,750/- per month by serving in Honda Power Equipment Limited at Lucknow. Owner of jeep did not file any reply, but Insurance Company filed its reply contending that vehicle was not insured with it. Claim was an exaggerated. Driver had no driving license nor any fitness certificate for vehicle. Driver of said jeep filed his reply contending that vehicle was insured with Insurance Company. Deceased himself was negligent and that is how accident took place and pleaded for claim to be dismissed against him.;