SHALIGRAM PAITWAL S/O LATE RATI RAM PAITWAL AND ANOTHER Vs. RAMESH SABBARWAL S/O LATE JAGAT RAM SABBARWAL AND OTHERS

JUDGEMENT

(1.) This appeal, U/S 173 of Motor Vehicle Act, 1988, is directed against the judgment and award dated 9-7-2008, passed by District Judge/ M.A.C.T. Tehri Garhwal in MACT Case No. 2/006, whereby the claim petition against New India Insurance Company was dismissed and was decreed for a sum of Rs. 92,000/- against other opposite parties and it was directed that Rs. 46,000/- shall be payable by opposite party No.1, 2 and 5, owner, insurer and driver respectively of the vehicle and remaining amount shall be payable by opposite party No.3 and 6 owner and driver respectively of motorcycle involved in the accident. It was further directed that if the compensation is not paid within a period of two months, interest @ 8% per annum shall be paid from the date of filing the application till the date of actual payment.

(2.) The brief facts of the case are that claimants Shaligram and Smt. Beera Devi are the parents of deceased Ganpati Prasad. On the day of accident i.e. 26-5-2005, deceased Ganpati Prasad was pillion rider in Motorcycle Hero Honda U.A. 7-C/ 4237, which was being driven by Nikesh Nautiyal son of Prema Devi who was owner of the said vehicle. When the said motorcycle reached near Mali Dewal on Tehri-Uttarkashi National High Way at 3.45 p.m. vehicle No. DLI PA-7102 dashed the motorcycle in a rash and negligent manner due to which both the driver and pillion rider of the motorcycle got injuries.

(3.) The opposite parties filed their separate written statements. The owner of Bus alleged that the Bus was being driven cautiously but the accident had occurred due to own negligence of the motorcycle, as motorcyclist overtook an Indica Car on wrong side and the Bus driver had stopped the Bus but the motorcyclist seeing the Bus applied brake due to which the motorcycle overturned and dashed with the Bus. It was also alleged that the driver was having valid driving license.