UNITED INDIA INSURANCE COMPANY LTD. Vs. SANJIDA KHATUN

JUDGEMENT

(1.) Heard Sri Ajay Singh, learned counsel for the appellant and Sri Ram Singh, learned counsel for the respondent-claimants. None appeared for the owner and driver of the vehicle.

(2.) Both these appeals namely F.A.F.O. No.1314 of 2005 and 1315 of 2005, at the behest of the United India Insurance Company Limited, have been preferred against the judgment and award dated 28.3.2005 passed by District Judge/Motor Accident Claims Tribunal, Kaushambi (hereinafter referred to as 'Tribunal') in M.A.C. No.83 of 2002 (Smt. Sanjida Khatoon Vs. Satyavir Singh and Another) and in M.A.C. No.84 of 2002 (Smt. Shahabunniss Vs. Satyavir singh and another) respectively.

(3.) Facts as culled out from the record are that the accident occurred on 28.6.2002 at about 8.15 in the morning when the deceased Asfaq was plying his motorcycle at that point of time, the vehicle driven by the opponent being driven rashly and negligently dashed the motorcycle from behind which caused multiple injuries to the deceased. The pillion rider also got injured and both of them succumbed to the injuries. The deceased, as far as claim petition No.84 of 2002 is concerned, was 21 years of age survived by his widowed mother. He had no other heirs or legal representative. He was earning Rs.4,000/- by selling miscellaneous articles. The deceased, as far as claim petition No.83 of 2002 is concerned, was 22 years of age survived by his widow and parents. He had no other heirs or legal representative. He was earning Rs.3,500/-. The First Information Report was filed against the driver. No reply was filed by the owner or the driver and the matter was conducted ex parte against them. The Insurance Company as usual raised defence of contributory negligence, breach of policy condition and that the driver of the vehicle in dispute insured with it did have proper driving license. Issues framed by the Tribunal were answered in favour of the claimants of both the matters. The claimant-mother in Claim Petition No. 84 of 2002 was awarded a sum of Rs.2,00,000/- and the widow and parents in Claim Petition No. 83 of 2002 were awarded Rs.3,10,400/-.