NATIONAL INSURANCE CO. LTD. Vs. SMT. KIRAN PUROHIT

JUDGEMENT

(1.) This is insurer's appeal against the Award dated 5-10-2004 passed by Motor Accident Claims Tribunal/Addl. District Judge, Dehradun in Motor Accident Claim Case No. 248 of 2003.

(2.) The claimants, unfortunate mother and sister of deceased Aditya Purohit, claimed compensation of Rs. 15,00,000.00 for his death in the motor accident on 12-7-2003 when his motorcycle bearing registration No. UA-07A-5594 was dashed by the offending vehicle Truck bearing registration No. UP- 07G- 1187 resulting in multiple serious injuries to Aditya Purohit, who succumbed to those injuries on his way to the hospital. The claimants pleaded that deceased Aditya Purohit used to earn Rs. 3,000.00 per month.

(3.) The owner, driver and insurer of the offending vehicle truck contested the claim and denied their liability to pay compensation to the claimants on the plea that the motorcyclist himself was responsible for the accident. The insurer took the additional plea that the truck was being plied in breach of the policy conditions.