NATIONAL INSURANCE CO LTD Vs. VIRENDRA SINGH NEGI

JUDGEMENT

(1.) This is insurer's appeal against the award dated 23/2/2006, passed by the Motor Accidents Claims Tribunal, Dehradun.

(2.) The claimants Virendra Singh Negi and Sushila Devi preferred a claim petition under section 166 of Motor Vehicles Act, for the grant of compensation on account of the death of their son Pradeep Singh Negi in a motor vehicle accident. According to the claimants on the fateful day on 1.4.2004, deceased Pradeep Singh, who was employed in Garhwal Mandal Vikas Nigam as Mines Clerk was going towards Doiwala on foot. When he reached near Kunvawala, truck No. UP 07-D 2930, which was going in the same direction hit the deceased Pradeep Singh and crushed him under the wheels, who died instantaneously. According to claimants the deceased was getting Rs. 3,505 per month as salary. At the time of accident he was 23 years of age.

(3.) Respondent No. 3, owner of the truck has denied the assertions made in the claim petition. She has stated that the accident has not taken place due to rash and negligent driving by the truck driver but the deceased was under intoxication and when he came in front of truck, the truck driver turned the truck extremely left and the truck went in the agriculture field. She has stated that truck has not dashed the deceased at all and some other vehicle might have hit him.