KM ROHINI (MINOR) Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS appeal U/S 173 of Motor Vehicles Act 1988 has been preferred against the judgment and award dated 27 -10 -2007 passed by Motor Accident Claims Tribunal/Addl. District Judge/2nd F.T.C. Dehradun, dismissing the claim petition filed U/S 163 -A of the Motor Vehicle Act 1988.

(2.) BRIEF fact of the case are that on 9 -12 -2003 at about 7 -30 p.m. Rakesh was travelling in Tata 407 UA -07/F -2401 on Ghanshali Motor Marg. The vehicle met with an accident due to rash and negligence of its driver and it fell down in the deep ditch of 300 meters due to which deceased sustained grievous injuries and during his treatment he succumbed to the injuries. The deceased at the time of accident was 34 years of age and his monthly income was Rs. 5,000/ - from agricultural work. The claimant filed claim petition for compensation.

(3.) THE Opposite Party No.2 United Insurance Company filed written statement and denied the averments made in the claim petition. It was alleged that the driver was not having valid driving license and the vehicle was being driven against the terms of insurance policy.