PARVATI DEVI Vs. GEETA DEVI

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 16th October, 1991 passed by the Motor Accident Claims Tribunal, Pithoragarh.

(2.) BRIEFLY stated, the facts giving rise to the present appeal are that the claimants/appellants filed a claim petition before the Motor Accident Claims Tribunal, Pithoragarh for grant of compensation on account of the death of Sri Ram Singh in a motor accident on 30th October, 1989 at about 5.30 p.m. at Lupra on Lohaghat-Pancheshwari Road. The claimants have alleged that at the time of the accident, the deceased was 23 years old. The deceased was on leave from his employment and was going to his home to celebrate 'Deepawali1. It has been stated in the claim petition that the deceased was earning a sum of Rs. 900 per month. The claimants have prayed for the compensation to the extent of Rs. 3,95,200. A First Information Report of the accident was lodged by Sri Mohan Singh.

(3.) RESPONDENT No. 2, Sri Ganesh Singh, who is the real brother of the deceased and driver of the vehicle in question in its written statement has denied the allegations made in the petition and has submitted that the vehicle in question was insured with the New India Assurance Company at the time of the accident and the Insurance Company is liable to pay compensation.