- (1.) This appeal has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by United India Insurance Co.Ltd.-appellant, being aggrieved by judgment and award dated 12.4.2002 passed by the Motor Accident Claims Tribunal/13th Additional District Judge, Kanpur Nagar in MACT Case No.737 of 2000 ( Subedar Singh and others Versus United India Insurance Company Limited).
(2.) The submission is that the scooterist who had pillion rider was not considered to be negligent though there was infarction of the Rules famed . The driver of the truck did not dash with the scooterist whereby there was death of three persons on the spot. The First Information Report, Panchnama and charge-sheet go to show that they were laid against the driver of truck when Malkhan Singh had given the said FIR. The witness on behalf of the claimants justified to the said effect and they were cross examined and it was proved that the accident occurred due to sole negligence of the truck driver bearing Truck No. UP-70/N-9919. Neither the driver of the truck nor the owner of the truck have stepped into witness box and, therefore, also as the principle enunciated for deciding the negligence, it cannot be said that the scooterist was in any way negligent. Rajkaran is an eye witness and his name figured in the charge-sheet and, therefore, the testimony has been rightly believed.
(3.) On the fateful day i.e. 5.5.2000 at 1130 a.m. Indrajeet Singh and Nand Kishore were on Scooter No. UP-33 C-6902 they were going from Hamirpur to Kanpur Road at a moderate speed and on their correct side. When they reached a place known as Morang Mandi which is a cross road, a truck came rashly and negligently dashed with the scooter, the persons on the scooter met with an instantaneous death. The deceased Rajendra Kumar Pandey was 28 years of age . Rajan Singh @ Indrajeet Singh was 38 years of age and the third deceased Nand Kishore was 27 years of age.;