UNITED INDIA INSURANCE COMPANY Vs. KANCHAN TEWARI

JUDGEMENT

(1.) This appeal, U/S 173 of the Motor Vehicle Act, 1988, has been preferred against the judgment and award dated 8-6-2005, passed by Motor Accident Claim Tribunal/Additional District Judge/ Ist F.T.C. Haldwani, in MACT Case No. 252 of 2004.

(2.) Brief facts of the case are that on 1-7-2004 at about 3-40 P.M. when Ramesh Chandra Tewari was driving his Vikram Tempo No. U.A. 04-A-1394 towards Lalkuan, Truck No. DL-1-G-A/2281 coming from Lalkuan side came there in a rash and negligent manner and dashed the Vikram Tempo on wrong side and carried the Vikram dragging up-to 20-25 paces where it dashed with a tree, due to the passengers of Vikram and its driver sustained grievous injuries and the driver Ramesh Chandra Tewari died at the spot.

(3.) The claimant, widow of the deceased, filed claim petition alleging therein that the deceased was a young man and from plying Vikram and agricultural work, he used to earn about Rs. 6,000/- per month.