Court No. - 30
Case :- FIRST APPEAL FROM ORDER No. - 1447 of 2018 Appellant :- National Insurance Co. Ltd. Respondent :- Balister And 2 Others Counsel for Appellant :- Nishant Mehrotra Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the appellant and Sri S.D. Ojha, learned counsel appearing for the claimant-respondent no. 1.
Present appeal has been filed by the Insurance Company challenging the award dated 23.12.2017 passed in M.A.C.P. No. 533 of 2014.
According to the claim petition an accident had taken place on 21.10.2014 when the claimant was travelling in DCM Truck No. UP-17 B 0584. He had taken the vegetables to Najibabad Mandi and after selling the vegetables he was returning back with unsold vegetables and the packing materials. At about 5 pm near Khatauli Budhana Road village Dabhedi due to rash and negligent driving of Sohanveer @ Sonu the vehicle fall in ditch, wherein the claimant suffered injuries and Rishipal and Sonu died in the accident and this accident was reported to the police station Budhana. It was claimed that the claimant has suffered permanent injuries. He was earning Rs. 8,000/- per month.
The owner filed written statement that the vehicle was insured and the driver was having valid license to drive the vehicle.
Insurance Company-the appellant herein filed written statement and it was specifically submitted that the Company is not liable to pay compensation as the vehicle was being driven in breach of policy condition and at the time of accident several gratuitous passengers were travelling in unauthorized manner and therefore, the Company is not liable to pay compensation.
Six issues were framed by the learned Tribunal. One relates to the factum of accident; second issue relates to the valid driving license; third issue relates to the insurance of the vehicle; fourth issue relates to the validity of the permit and fitness certificate; fifth issue relates to other relevant valid documents; and sixth issue was as to whether the claimants was travelling in goods as passenger.
Documentary evidence was filed by both the sides. On issue no. 1 it was found that the accident had infact taken place due to rash and negligent driving of the driver. On issue no. 2 it was found that the driver was having valid driving license and on issue nos. 3 and 4 it was found that the vehicle was duly insured and all relevant documents were valid. On issue no. 6 the finding was recorded by the learned Tribunal that the claimant was returning back from the market after selling the vegetables with the unsold vegetables alongwith packing materials etc. and was thus, travelling as owner of the goods and was not travelling as gratuitous passenger.
Submission of learned counsel for the appellant is that the findings recorded by the learned Tribunal are illegal and perverse.
Per contra, learned counsel appearing for the claimant had supported the impugned award.
I have perused the impugned award and the annexures filed in support of the present appeal. There is nothing on record to indicate that the findings are not supported by documentary evidence. Regarding factum of accident the first information report, site plan and the charge-sheet submitted by the police against the the driver of the vehicle have all been considered. On issue no. 2 it is not in dispute that the driver was holding valid license to drive the vehicle. On issue nos. 3, 4 and 5 the documents relating to fitness certificate, permit, insurance policy, road tax etc. have been filed and nothing contrary dislodge the correctness of the document was brought on record. On issue no. 6 it was recorded that the accident had taken place when the claimant was returning back from the market with unsold vegetables and packing materials and was thus, travelling as the owner of the goods. There is no evidence to the contrary on record.
In such view of the matter, I do not find the impugned award is perverse in any manner.
A sum of Rs. 40,000/- only has been awarded towards injuries suffered by the claimant, which I do not found to be excessive.
No interference is warranted in the present case. Present appeal is accordingly dismissed.
The amount deposited before this Court under Section 173 of the Motor Vehicles Act shall be transmitted to the Motor Accident Claims Tribunal by the registry of this Court and the same shall be adjusted towards deposit to be made under the award.
Order Date :- 29.3.2018 Lalit Shukla