NATIONAL INSURANCE COMPANY LTD. Vs. RAJENDRA LAL SHAH

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 29.12.2004 passed by Motor Accident Claims Tribunal, Chamoli in M.A.C.T. Case No. 55 of 2004 Sri Rajendra Lal Shah and others v. National Insurance Company and another, by which the Tribunal awarded a sum of Rs. 4,22,832/ - as compensation against the National Insurance Company Limited alongwith interest at the rate of 5% per annum from the date of application till the date of its payment. The brief facts giving rise to this appeal are that Sri Rajendra Shah and Smt. Kiran Shah, the father and mother of the deceased Shubham Shah have filed a petition before M.A.C.T. Chamoli for grant of compensation. It has been alleged therein that late Sri Shubham Shah was a champion of hockey competition held in 2003 -04. On the ill -fated day i.e. on 14th March, 2004, he was going by Jeep No. U.A. 11 -6524 from Gopeshwar to Haldwani, Further he boarded in Maruti Car No. U.A. No. 07 -E -8191 with his friend Nitesh alias Sindhi for Haldwani. The driver of the vehicle No. U.A. -07 -E -8191 was driving the vehicle rashly and negligently due to which, the vehicle met with an accident near Chakhutia. The deceased received fatal injuries and ultimately succumbed to injuries. Sri Nitesh Shah also received injuries. On receiving the information, Sri Rajendra Lal Shah, the father of the deceased reached on the spot by getting the Vehicle No. U.A. 07 -C -7460 booked and took the body of his son to G.S. Mehra Hospital, where the post mortem was conducted. Thereafter Sri Rajendra Lal Shah took the deceased to Gopeshwar, where last rites of the deceased were performed. The mother of the deceased could not bear the loss of her son and was admitted in the Hospital at Gopeshwar and at Sadhna Medical Centre, Dehradun. A huge amount was spent on her treatment. The petitioners claimed a compensation of Rs. 10,53,540.

(2.) THE Insurance Company has denied the factum of accident and has stated that the vehicle was being driven against the rules and regulations and as such the insurance company is not liable to pay compensation.

(3.) ON the pleadings of the parties, the Claims Tribunal has framed as many as three issue.