Jaspreet Singh, J. - (1.) This is an appeal under Section 173 of the Motor Vehicles Act 1988, whereby the appellant insurance company has assailed the judgment and award dated 13.07.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Sitapur in MAC Petition No.33/2003 (Smt. Usha Devi and others vs. Ram Das and others) awarding a sum of Rs.3,08,000/- as compensation alongwith interest @ 6% per annum from the date of judgment to the date of payment against the appellant.
(2.) Briefly, the facts are that on 18.12.2001 at around 04:30 PM on Sitapur-Lucknow G.T. Road Near New Krishna Hall adjacent to Kamalpur Police Station, District Sitapur, the deceased Dukhi Ram was travelling in a Tempo of a Mahendra Economy Jeep No.UP-32-Z-9360. The aforesaid vehicle met with an accident wherein a Truck bearing registration No.JK-02-F-9281 coming from the wrong direction collided with Mahendra Economy Jeep as a result of which the driver namely Dukhi Ram sustained injuries and died. His wife and two minor daughters, who are the respondents No.1 to 3 before this Court instituted a claim petition, which was registered as C.P. No.33/2003. The respondent No.7 was the owner of the Jeep which was being driven by the deceased Dukhi Ram. The respondent No.5 is the owner of the offending Truck No.JK-02-F-9281 while its driver Ramesh Kumar is the respondent No.6. The offending truck was insured with the appellant, while the jeep was insured with the respondent No.8 i.e. New India Assurance Company Ltd.
(3.) It was specifically pleaded by the claimants before the Motor Accident Claims Tribunal that on 18.12.2001 at around 04:30 PM, Shri Dukhi Ram, who was driver of Mahendra Economy Jeep No.UP-32-Z-9360 was driving the vehicle on its own side while the offending Truck No.JK-02-F-9281 came from the opposite direction and was being driven on the right side of the road which led to the accident in question in which Shri Dukhi Ram sustained injuries and ultimately succumbed to his injuries. The first information report was lodged in respect of the accident on 18.12.2001 at 06:30 PM, which was registered as Case Crime No.256/2001 under Sections 279, 338, 304-A IPC.;