National Insurance Co Ltd v. Smt. Tabassum and Others

Court No. -9 Case :-FIRST APPEAL FROM ORDER No. -2859 of 2003 Appellant :-National Insurance Co Ltd Respondent :-Smt. Tabassum And Others Counsel for Appellant :-,Anand Kumar Sinha Counsel for Respondent :-Surendra Pal Singh,Satendra Kumar Upadhyay,Vivek Dhaka Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the appellant. This appeal under Section 173 of Motor Vehicle Act, 1988 has been filed challenging the award dated 30.08.2003 passed by Motor Accidents Claim Tribunal/Additional District Judge, Ghaziabad in M.A.C.P. No. 443 of 2002 (Smt. Tabassum and others vs. Sri Nizam and others). The facts in nutshell, are that the alleged accident had taken place on 05.04.2002 at around 11:30 p.m. The deceased, Mohd Shahid was travelling in Vehicle No. U.P. 14C 0801 and was going to Delhi to sell fruits. He was sitting next to the driver. The vehicle collided with Truck Trolly No. U.P. 12A 6218. Due to sudden collision which had taken place, Mohd Shahid fell down from vehicle and sustained serious injuries. He was admitted in the hospital at Modi Nagar. From there he was taken to medical college at Meerut. He, unfortunately, died on 06.04.2002. A claim petition was filed by widow of the deceased and minor children being M.A.C.P. No. 443 of 2002. In the said case, following issues were framed:-"1-

आययकधधतददररटनयददनयनक5-4-2002

ककसमयकररब11-30

बजजरयतवयहनसनखयय

ययपर14 सर-0801 डर. सर. एम.

टकयटयकजचयलकककतजरवलयपरवयहरकजकयरणरदटतहहई,

धजसममआयरगमभररचकटटकजकयरणमकहममदशयदहदककममतयदहहई? 2-

आययककधतददररटनयममटटकटरसनखययययपर12 ए-6218

कजपयलकककसहदययरउपजकय

शयदमलथर,

यददहयनतकपभयव? 3-

आययकधधतददररटनयककददनयनकपरवयहनसनo

यय०पर०14

सर-0801

कजचयलककजपयस

वटधवपभयवरडटयईदवनगलयइसजनसनहहथय,

यददहयनतकपभयव? 4-

आययययचरगणदकतनरपदतकरककधनरयदशदकसदवपकरसजपयनजकजअधधकयररहट?" Issue nos. 1 was in regard to whether accident had taken place on

05.04.2002 at 11:30 p.m. while issue no. 2 was whether it was a case of contributory negligence of Truck Trolly No. U.P. 12A 6218. The court below had recorded a categorical finding that it was not a contributory negligence and it was the negligence of the driver of the vehicle who was driving vehicle No. U.P. 14C-0801 in which the deceased, Mohd. Shahid was travelling. Sri Sinha, learned counsel appearing for the appellant submitted that it was a case of contributory negligence and the liability cannot be fastened upon the Insurance Company. I have heard learned counsel for the parties and perused the material on record. From perusal of the finding recorded on issue nos. 1 and 2, I find that the court below has recorded specific finding that vehicle in which the deceased, Mohd. Shahid was travelling was being driven rashly and negligently and it collided with Truck Trolly No. U.P. 12A 6218 from behind. As the finding is specific, no case of interference is made out in the order passed by Tribunal in the award made on 30.08.2003. In view of said fact, the appeal fails and is hereby dismissed. Order Date :- 29.11.2023 V.S.Singh High Court of Judicature at Allahabad