Case :- FIRST APPEAL FROM ORDER No. - 1759 of 2014
Appellant :- The Oriental Insurance Company Limited
Respondent :- Smt.Indramati Pandey And 7 Others
Counsel for Appellant :- Ramesh Singh
Counsel for Respondent :- Rajkapoor Upadhyay,Dinkar Mani Tripathi,Hari Pratap Gupta
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ramesh Singh, learned counsel for the appellant, Sri Rajkapoor Upadhyay, learned counsel appearing on behalf of claimant-respondent nos. 1 to 5, Sri Dinkar Mani Tripathi, learned counsel appearing on behalf of respondent no. 8 U.P.S.R.T.,C. and perused the record. No one is present on behalf of respondent nos. 6 and 7.
This first appeal from order has been filed by the appellant Insurance Company against the judgment and award dated 22.02.2014, passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 12, Gorakhpur, in C.P. No. 389 of 2011 (Smt. Indramati and Others vs. Mahendra Singh and Others) by which compensation of Rs. 10,46,596/- along with 6 % interest has been awarded in favour of claimant-respondent nos. 1 to 5 on account of death of Om Prakash Pandey, who died in a road accident.
It is submitted by learned counsel for the appellant that the insured bus was not involved in the accident and it was planted by the claimants only to get compensation from the appellant Insurance Company being insurer of bus. It is further submitted that the claimants has failed to prove the involvement of bus as well as rash and negligent driving of bus driver and the claims tribunal has erred in awarding compensation to the claimants and fixing liabiity upon the appellant Insurance Company, insurer of bus. On the other hand, learned counsel appearing on behalf of claimants-respondents has submitted that the accident was caused by the bus bearing no. UP 53 BT 1853, which was driven by its driver very rashly and negligently. The first information report was lodged against the bus driver and the I.O. after due investigation has submitted charge sheet against the bus driver. The claimants had also produced one eye witness namely Rakesh Kumar Pandey
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as PW-2, who has also proved the rash and negligent driving of the driver of bus.
Considered the rival submissions of learned counsel for the parties and perused the record.
Record shows that the I.O. after due investigation has submitted charge sheet against the driver of the bus. The eye witness Rakesh Kumar Pandey, who appeared as PW-2 has also proved the rash and negligent driving of the driver of bus. The Insurance Company has not led any evidence in rebuttal. The claims tribunal while deciding issue no. 1 has recorded the finding that the driver of the bus bearing no. UP 53 BT 1853 was driven the bus very rashly and negligently, which caused the accident. There was no negligence on the part of the deceased. The findings recorded by the claims tribunal in respect of rash and negligent driving of the bus driver is based on evidence and material which were available on record. In view of above, no grounds for interference is made out. The first appeal from order is devoid of merit and is liable to be dismissed. The first appeal from order is dismissed, accordingly. Interim order, if any, stands discharged.
Order Date :- 2.5.2024 sailesh
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