UNITED INDIA INSURANCE COMPANY LTD Vs. ROOKAM SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated 21.7.2004 passed by the Motor Accident Claims Tribunal District Judge, Pithoragarh (in short the Tribunal) in Claim Petition No. 82 of 2002, whereby the learned Tribunal has awarded compensation of Rs. 2,54,000/ - along with interest @ 9% per annum. Aggrieved, the appellant has come up in appeal.

(2.) ON 25.8.2000 at 12 O'clock at night near Mangalta Sheraghat on Almora -Berinagh motor road, Keshar Singh aged 20 years, earning Rs. 2.100/ - per month lost his life as a result of grievous injuries sustained in the motor vehicle accident involving Mahindra Utility Jeep No. UP 03 -3375 due to rash and negligent driving by its driver. According to the claimants, the deceased was a young man and employed in the said Jeep as labour/helper, hence the claim petition was filed by his legal heirs/dependents.

(3.) THE owner of the vehicle filed his written statement and denied the allegations of the petition for want of knowledge. He denied rashness and negligence on the part of the driver. It was pleaded that the 'compensatiol1 claimed was excessive; that the vehicle was duly insured with the appellant and that the vehicle was being plied as per policy conditions.