ORIENTAL INSURANCE COMPANY LTD Vs. VIMLA DEVI

JUDGEMENT

(1.) THIS is insurers appeal against the Award dated 2.12.2004, passed by the Motor Accident Claims Tribunal, Pauri Garhwal.

(2.) THE claimant Smt. Vimla Devi preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Yogamber Singh in a motor vehicle accident. According to the claimant on the fateful day on 13.9.2003, the deceased was going from Ghanghalikhal to Sisaldi by Jeep No. DAE 1381. The Jeep was being driven by its driver rashly and negligently, with the result when the vehicle reached 50 metres ahead from Ghanghalikhal the driver lost control over the vehicle and it fell down into a ditch. The deceased sustained head injuries and he succumbed to his injuries instantaneously.

(3.) OPPOSITE party respondent no. 2 Smt. Prassanni Devi filed written statement and admitted the factum of accident but denied that the accident took place due to rash and negligent driving by its driver. He has stated that the accident occurred due to failure of brakes of the jeep.