NATIONAL INSURANCE CO LTD Vs. ASIFA

JUDGEMENT

(1.) THIS appeal, u/s 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 25.5.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge/F.T.C., Haldwani, District Nainital in M.A.C. Case No.111/2005, whereby the claim petition was allowed and the Insurance Company was directed to pay Rs.8,73,671/ - as compensation along with interest @ 9% to the claimants from the date of filing the claim petition till the actual payment. Out of the awarded amount, Rs.2,00,000/ - was directed to pay to the claimant no.2.

(2.) BRIEF facts of the case are that claimant -respondent no.1 is owner/insured of Indigo Car No.UA 04 B/2729. On 16.4.2005, her husband Ibney Hassan was driving the said car and was coming from Bhimtal to Haldwani. At about 10:00 PM, when the car reached at Chanda Devi, an animal came on the road and the vehicle become uncontrolled and fell down into a ditch. The driver of the car Ibney Hassan received fatal injuries and died. Claimant no.1 is wife and claimant no.2 is son of deceased. The claimants filed claim petition for a sum of Rs.20,00,000/ -.

(3.) THE learned tribunal, on the basis of pleadings of parties, framed following issues for consideration: -