NATIONAL INSURANCE COMPANY LIMITED Vs. SUNEETA DEVI

JUDGEMENT

(1.) In this case, the respondent National Insurance Company Limited has assailed the judgment dtd. 26/2/2019 passed by the learned Motor Accident Claims Tribunal, Chamoli in MACP No.15 of 2008 Smt. Suneeta Devi and others vs. National Insurance Company Limited, whereby the learned Tribunal directed the present appellant, i.e., respondent No. 1 before the Tribunal to pay a sum of Rs.8,41,820.00, along with interest at the rate of 6 per cent per annum from the date of institution of the petition.

(2.) Briefly stated, the case of the claimants is that late Pradeep Kumar alias Pradeep Chandra Dhondiyal was the owner of Alto Car No. U.A.-07U-5241. He was proceeding by driving it himself on 31/1/2008 towards Gopeshwar and at about 06:00 PM, the said Car, because of some technical fault, met with an accident at Ziro Bend within the jurisdiction of Gopeshwar Police Station. As a result of the accident, it fell inside a gorge. In that accident, late Pradeep Kumar alias Pradeep Chandra Dhondiyal sustained severe injuries and died. At the time of the accident, the deceased was 34 years' old. He was an employee in the Chief Development Office, Gopeshwar (Prasar Prashikshan Kendra), and was getting a sum of Rs.18,000.00 per month as salary. As a result of his death, his wife Suneeta Devi became widow, his children, namely petitioner Nos. 2, 3 and 4, became orphan. The mother of the deceased has also been impleaded as petitioner No. 5 in the application. Therefore, the petitioners have claimed a sum of Rs.32,15,000.00 as compensation from the opposite party.

(3.) The opposite party, i.e. the appellant before us, National Insurance Company Limited filed its written statements generally denying the pleas raised by the petitioners, and further stated that the deceased had no valid driving licence, permit, registration and fitness certificate at the time of accident. Therefore, as per the terms and conditions, the National Insurance Company Limited / the opposite party is not liable to pay any compensation.