CHOOR SINGH Vs. MAMTA SETHI

JUDGEMENT

(1.) HEARD Ch. Sudhir Kumar, learned counsel for the appellant and Sri Bindesh Kumar Gupta and Syed Nadeem, learned counsel [or the respondents.

(2.) THIS is an appeal against the judgment and award dated 24.01.2004 passed by Motor Accident Claims Tribunal/Addl District Judge F.T.C. -l Rudrapur, Udhamsingh Nagar in M.A.C.T. Case No. 32 of 2003 Choor Singh and others v. Smt. Mamta Seth and others by which the Tribunal has partly allowed the claim petition of the appellant to the extent of Rs. 62.000/ - (Sixty Two Thousand) with interest pendent elite and future @ 5% per annum against the claim of Rs. 10,00,000/ -. (Ten Lac) against respondent no. 2 National Insurance Company Ltd.

(3.) BRIEF facts of the case giving rise to this appeal arc that on 10th December, 2002, Choor Singh (the injured) with his wife Kashmir Kaur was going from Gurdwara, Rampur Road towards Doraha. Bajpur and at about 6:45 p.m. as soon as they proceeded from Gurdwara, a Truck bearing No. USI 5496. which was being driven rashly and negligently dashed against the motorcycle of the injured. The claimant and his wife sustained grievous injuries and ultimately his wife succumbed to the injuries. The report of the said accident was lodged at P.S. Bajpur by the son of the claimant and post -mortem of the wife of the claimant was conducted at Government Hospital, Kashipur.