Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 1202 of 2000 Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Mira Dixit And Anr. Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- A.P. Srivastava,Ken Singh,Kiran Tewari,Lovekesh Mishra,M.C. Tewari,Prabhakar Tripathi
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Arvind Kumar, learned counsel for the appellant and Sri Lovekesh Mishra, learned counsel for the claimants. None appeared for the Owner.
2. The appellant has felt aggrieved by the judgment and decree passed by the Motor Accidents Claim Tribunal, Agra in M.A.C.P. No.317 of 1995. Granting a sum of Rs.2,80,000/- to the claimant.
3. The undisputed facts are that on 01.12.1994 at about 9:15 pm one Truck bearing No. U.P. U 6797 accident occurred. The claimants claimed a sum of Rs.34,48,000/- for the death of Ajai Kumar Dixit who died in the said accident. On the date of accident when the deceased was coming back from religious secemoney, a truck driven rushly and neglizently dash the riksha from behind. The riksha driver also died of the injuries. The First Information Report was lodged. The deceased was 25 years of age was accountent with the Maurya Trades earning Rs.4,200/- per month. The Insurance Company filed its reply of negativity. The owner and the driver of the truck did not appear. The deceased was unmarried and survived by his parents. The issues were framed and were decided in favour of the claimants. Namely that the driver of the truck was negligent. That the Insurance Company was liable as it was insured with it. It is issue no.4 namely who has indemnify the deceased that the complainant was is the main issue.
4. The owner of the truck driver has not filed his reply. The driver of the truck was one Ram Pal Singh. The license photo copy was filed before the Criminal Court and xerox was filed before the Tribunal also. The Insurance company has only submitted that the driver did not have proper driving license. The R.T.O. Office had sent one Rameswar, Clerk and he had in his oral deposition conveyed that license R-17-88/Agra/86 was not issued on 27.03.1986. He said this as those which were issued on 27th March, 1986 would be R-20648/Agra/86 and license No. R- 206690/Agra/86 and 20683/Agra/86.
5. In that view of the matter it is submitted that the driver did not have a proper driving license whereas in this case the driving license was issued on 27.5.1986 and not on March, 1986 and therefore to hold that he did not have a proper driving license cannot be accepted. It is submitted that Insurance Company that this finding of fact is bad in eye of law.
6. The submission of the learned counsel for the appellant cannot be accepted. The reasons being the driving license has been produced before the Tribunal and the Officer of R.T.O has never testify that license was not issued on 27.05.1986. The R.T.O. Clerk did not come with any license register issued in the month of May. Further the said license has been renewed up to 27.05.1995 and before that it was a valid driving license for light motor vehicle up to 30.11.1987. The license is an endorsement to driven heavy motor vehicle after 30.11.1987. The said fact cannot therefore come to the add of the Insurance Company. It was for the Insurance to prove that the license was a fake license and was a knolwedge of the owner of the vehicle. Hence, the said subission of the counsel cannot be accepted.
7. That view of the matter, I'm unable to accept the submission of Sri Arvind Kumar, learned counsel for the appellant.
8. It is submitted by Sri Arvind Kumar that the compensation awarded is on the hight side. The deceased was 43 years of age multipler ofcourse upto 15 has been granted which is more than what is to be granted to the family. However, the fact that no amount under the head of future loss of income has been granted nor any amount for other heads. The appeal of the Insurance Company fails and is dismissed.
9. Records and proceedings be send back to the Tribunal forthwith.
10. No order as to costs.
11. The respondent no.1 has unfortunately passed away. All the amount which is lying in the fixed deposit be paid through account payee cheque by the Bank to the heirs of the deceased.
Order Date :- 21.8.2019 Krishna