The court emphasized the inquisitorial approach in motor accident claims and the principles of compensation under the Motor Vehicles Act, 1988.

JUDGMENT :

1. This is an appeal by the Insurance Company assailing an award by the Motor Accident Claims Tribunal/Additional District Judge, Court No.13, Kanpur Nagar passed in Claim Petition No.236 of 2004 dated 19.08.2008, granting the claim and awarding a sum of Rs.4,85,000/-to the claimants together with interest, payable by the Insurance Company.

2. Ramu Gupta was a chaat vendor. He would sell his wares on a mobile cart (thela). On the 10th of February, 2004, Ramu Gupta parked his cart in the night hours at the Bhadoria Crossing, situate in Nehru Nagar, Kanpur Nagar and was cycling his way back home. As he reached near the Kanha Shyam Hotel, located at the G.T. Road and was about the petrol pump there, Truck No. MP-09KA-4228, hit him from the rear with full impact. Ramu along with his bicycle was thrown to the ground and died on the spot. The truck was given a chase by Raj Kumar son of Dularey Ram Verma, who was riding his motorcycle. Another, Nand Kishore son of Lal Deewan, who was riding pillion with Raj Kumar, caught up with the offending truck near the Gurudev Talkies and noted down its registration number. But, the truck driver was successful in making a get away.

3. A First Information Report was lodged by one Deepak Kumar, an employee with the petrol pump against an unknown driver. When the deceased's wife came to know of the particulars of the truck, she went to the police station and conveyed the number of the offending truck. The information regarding the number of the offending truck was also sent by registered post to the Senior S.P., Kanpur Nagar by the deceased's wife on 20.02.2004.

4. The deceased is said to have been a promising and hard working man, who was the only bread-winning member of the family. He was survived by his wife, a minor son and a dependent father. The family have no other source of income. Ramu, at the time of his demise was aged 30 years, and it is said, that he had a monthly income of Rs.5000/-. On the basis of the FIR, Crime No.13 of 2004, under Sections 379, 304-A and 427 IPC, Police Station Nazirabad, District Kanpur Nagar was registered. It is on the foot of these facts that the claim petition, giving rise to the present appeal, was instituted before the Tribunal on 17.03.2004.

5. The claim petition was instituted by Smt. Madhu Gupta, Ramu's widow, his minor son Karan, aged about 7 years through his next friend and mother, Madhu Gupta and Har Dutt, the deceased's father. The three claimants are claimant-respondent Nos.1, 2 and 3 to the appeal. They shall hereinafter be called 'the claimants'. The claim petition was instituted against Hemant Kumar, the owner of the offending truck, arrayed as opposite party No.1 and the New India Assurance Company Limited through the Regional Manager, Civil Lines, Kanpur Nagar, as opposite party No.2. Hemant Kumar is arrayed as defendant-respondent No.4 to this appeal. He shall hereinafter be called 'the owner'. Opposite party No.2 to the claim petition, the Insurance Company aforesaid, are the appellants here, who shall be called 'the insurers', hereinafter.

6. A written statement was put in on behalf of the insurers generally denying the claimants' case. It was pleaded by them that the owner of the offending truck never gave information of the accident to the insurers. It was their case that the offending truck was never involved in the accident. It is next pleaded that the accident happened on account of the deceased's negligence. The further plea raised is that the offending truck, on the date of the accident, was not insured with the insurers and the driver did not hold a valid and effective driving licence. The deceased's age, income and occupation are not established by any documentary evidence.

7. No written statement was filed on behalf of the owner. Accordingly, the claim petition proceeded against the owner ex parte.

8. On the pleadings of parties, the following issues were struck (translated into English from Hindi):

“(1) Whether on 10.02.2004 at