MAHENDRA PRATAP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the owner of the offending vehicle bearing registration Bolero No.UK06-J-9998 assailing the judgment and award dtd. 7/3/2014, passed by the learned Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar in MACP No. 207 of 2009 (Rita Sharma and Others vs. Mahendra Pratap and Others), whereby the Tribunal allowed the claim petition and awarded a compensation of Rs.4,43,000.00, payable by the insurance company (respondent no. 5), with interest at 6% per annum from 12/1/2010 till realization.

(2.) The brief facts of the case are that on 19/5/2009 at about 4:45 p.m., the deceased- Neeraj Kumar, aged about 30 years, was travelling to Rudrapur on his motorcycle when an oncoming Bolero vehicle bearing registration no. UK 06 J 9998 collided head-on with his motorcycle. The deceased sustained fatal injuries and died on the spot. The Tribunal decided the claim petition as mentioned hereinabove.

(3.) The claimants-his widow Rita Sharma and two dependent children-filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, claiming compensation from the owner, driver, and insurer of the offending vehicle. It was stated that the deceased was working as a Sales Executive with Maruti Udyog Ltd., earning around Rs.8,000.00 per month, and was the sole earning member of the family.