DILSHAD PARVEEN Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) BY the present appeal, the appellants have challenged the award dated 12.2.1999 passed by Motor Accident Claims Tribunal, Nainital by which, the claim of the claimants has been rejected. The claimants/appellants are the wife and children of the deceased Mohd. Subhan.

(2.) BRIEF facts of the case are that on 9.11.1997 at about 7 p.m. Mohd. Subhan was travelling in a Maruti from Bageshwar. The Maruti Van met with an accident due to rash and negligent driving by its driver. In this accident, Mohd. Subhan and his son Adnan suffered serious injuries and on 19.11.1997 at about 7 p.m. Mohd. Subhan died in Krishna Nursing Home due to the injuries sustained in the said accident. According to the claim petition, the age of the deceased Mohd. Subhan was 50 years and he was working in Shimla Boot House, Haldwani and he was drawing a sum of Rs. 5,000/ - per month. The Maruti Van in question bearing No. UP 21 V / 1832 was owned by respondent No.2, namely, Mohd. Abdul Raoof and it was insured with New India Assurance Co. Ltd. The deceased was the only bread earner of his family and he has left behind his wife and six minor children. Therefore, a claim of 10,00,000/ - was lodged by the claimants.

(3.) RESPONDENT No.1, i.e., The New India Assurance Co. Ltd. contested the case and filed its written statement, in which it has been stated that in the FIR nobody's death or injuries were shown regarding the said accident and it was also stated that it was a conspiracy between the owner of the vehicle in question and the claimants.