ORIENTAL INSURANCE COMPANY LTD. Vs. TULSA

JUDGEMENT

(1.) This is an appeal by the Insurance Company, arising out of the judgment and award passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Unnao dtd. 5/7/2002 in Motor Accident Claim Petition No. 276 of 1999. The Insurance Company seeks to relieve itself of the liability to pay the compensation awarded.

(2.) On the 4thof November, 1999, the deceased, Kali Shanker, accompanied one Radhey Lal, a native of his village, was proceeding to participate in the last rites of the latter's mother, who had passed away. The members of the funeral procession, if it could be called that, boarded an attached trolley to the tractor bearing Registration No. UP-35/9751 in order to ferry the mortal remains of Radhey Lal's mother to the cremation ground. At about half past eleven in the morning hours, as the tractor reached a place called Gadan Khera within the local limits of Police Station Kotwali Unnao, close-by to Jagat Mohan Memorial School, the tractor-trolley turned turtle. It happened because of the driver's negligence. The accident resulted in grievous injuries to Kali Shanker, who succumbed by the time he was conveyed to the hospital. Information in this regard was given to Police Station Kotwali, Unnao. The Police caused the dead body of Kali Shanker to be subjected to autopsy on 5/11/1999. On the 6 thof November, 1999, Kali Shanker's son, Jagdish got a First Information Report lodged regarding the incident. Chhota son of Chetau, opposite party to the claim petition, is the tractor owner. He died pending the claim petition and, therefore, his sons, Shivpal and Rajpal, were substituted. Besides his sons, Lal Bahadur son of Binda and Vishun son of Jagan were also impleaded as opposite parties nos.4 and 5 - all four as co-owners in Chhota's stead.

(3.) The Oriental Insurance Company Limited, 249/1, Civil Lines, Unnao through its Branch Manager are the the tractor's insurers. The aforesaid Insurance Company, who shall hereinafter be referred to as the 'insurers', are the appellants.