TAHIRA PARVEEN Vs. LALIT KUMAR & ORS

JUDGEMENT

(1.) Since the judgment and award, which is under challenge in these appeals is same, therefore, for sake of convenience, both these appeals are being heard and decided together by this common judgment and order. These appeals, u/s 173 of the Motor Vehicles Act, 1988 (for short, the Act), is directed against the judgment and award dated 26.10.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge/F.T.C., Kashipur, District Udham Singh Nagar in M.A.C.P. No.212 of 2005, whereby the claim petition has been allowed against the United India Insurance Company Ltd. for a sum of Rs.2,95,000/- along with interest @ 9% per annum from the date of filing the claim petition till the actual payment.

(2.) Brief facts of the case are that Mohd. Safiq Ahmad was driver of Tractor no.UA-06 D-0547. On 3.7.2005 at about 6 am when Mohd. Safiq was using back gear of the tractor it fell into a ditch resulting his death. The deceased was 28 years of age and was earning Rs.3500/- per month. With these averments, the claimants Smt. Tahira Parveen, W/o deceased Mohd. Safiq Ahmed, Master Azim s/o deceased, Km. Sagina d/o deceased, Km. Sahiba d/o deceased, filed the claim petition claiming a sum of Rs.6,00,000/- as compensation.

(3.) The Insurance Company contested the case by filing written statement denying the contents of the claim petition. It was stated that the accident took placed due to own negligence of the deceased.