- (1.) NATIONAL Insurance Co. Ltd. has filed present appeal questioning the validity of award dated 13.09.2005, whereby claim petition preferred on behalf of the claimants has been allowed with interest at the rate of 6% per annum.
(2.) BRIEF background of the case is that on 02.01.2003 at 10 A.M. Dabloo Singh along with his relative Ranjit Singh riding on Hero Hoonda Motor Cycle was going towards Sahadatganj, Faizabad, and on the main road near Sahadatganj Bye-pass just in front of Shiv Nagar Colony, on account of rash and negligent driving of Truck No. U.P. 53 L-9507, the aforesaid Motor Cycle was dashed, and in the said accident both Dabloo Singh and Ranjit Singh had died. F.I.R. of the said incident was lodged by Hem Nath Singh and the post mortem was conducted. The claimants with a view to claim compensation filed claim petition, which was contested by defendant No. 1 by contending that the claimants were not legal representatives of the deceased and as this was a case of collusion in between the two vehicles, as such Motor Cycle in question was also liable to be impleaded as party, and further the deceased had no valid driving license, and alternatively, it was also mentioned that truck driver had also no valid license. Defendant Nos. 2 and 3 filed their written statement denying the accident itself. On the basis of the pleadings of the parties, in all, 6 issues were framed. From the side of claimants P.W.-1 Jokhu Singh, P.W. 2, Hemnath Singh and P.W.-3 Amarbahadur Singh were examined, and documentary evidence was also filed. From the side of defendants Taiyab Ali, D.W.1 was examined and documentary evidence was also filed. Thereafter, Motor Accident Claims Tribunal recorded finding that the Truck in question was being rashly and negligently driven, and the award in question has been given, against which present First Appeal From Order has been filed.
(3.) LEARNED counsel for the appellant contended with vehemence that in the present case there was contributory negligence on the part of the deceased Dabloo Singh in the alleged accident, as such without there being any objective consideration, award in question could not have been passed, as has been done in the present case, and in this background, the award is liable to be set aside.;