RENU DEVI Vs. HARISH SINGH

JUDGEMENT

(1.) This appeal, preferred under Sec. 173 of the Motor Vehicles Act, 1988, is directed against the judgment/award dtd. 6/8/2011, passed by the Motor Accident Claims Tribunal / District Judge, Pithoragarh, in M.A.C. case no. 50 of 2009, Smt. Renu Devi and others Vs Harish Singh and another, whereby said Tribunal has awarded compensation of Rs.4,74,000.00 to the claimants to be paid by insurance company along with interest at the rate of 6% per annum.

(2.) Brief facts of the case, are that on 18/4/2009, at 04:50 P.M., when Narendra Singh was travelling in Alto car bearing registration no. UK 05 / 6856 from Pithoragarh to Dungatoli and reached near D.A.R.L. guest house on Vin-Panda motor road, the said vehicle met with an accident due to rash and negligent driving on the part of its driver. The driver of the vehicle and Narendra Singh died in said accident. The deceased was aged 28 years at the time of accident. It is stated in the claim petition that the deceased was working on the post of Lance Naik in the Indian Army and used to earn Rs.14,500.00 per month. The claimants (wife, minor son and parents of the deceased) sought compensation to the tune of Rs.61,58,000.00 Owner of the offending vehicle and National Insurance Co. Ltd., with whom the offending vehicle was insured, were made party to the claim petition.

(3.) On the pleadings of the parties, learned Tribunal framed following issues: