UNITED INDIA INSURANCE CO. LTD. BRANCH OFFICE RAMPUR THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE Vs. JAGAN NATH SHARMA SON OF HARI DUTT SHARMA,

JUDGEMENT

(1.) This is insurer's appeal against the Award dated 10.1.2006, passed by the Motor Accident Claims Tribunal, Nainital.

(2.) The claimants Sri Jagan Nath Sharma and Km. Suman Sharma preferred a claim petition under Sec. 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Rajesh Kumar Sharma in a motor vehicle accident. According to the claimants on the fateful day on 2.2.2004, deceased Rajesh Sharma, along with his brother Pitamber Dutt Sharma was going to Haldwani from Rudrapur by a scooter. When they reached near Tanda Barrier, Car No. UP 22/4737 which was being driven rashly and negligently dashed the scooter. Both riders of the scooter sustained fatal injuries. Deceased Rajesh Sharma was rushed to Soban Singh Jeena hospital, Haldwani, from where he was referred to Krishna Hospital, Haldwani and thereafter he was sent to Batra Hospital, Delhi, where he died during the treatment.

(3.) According to the claimants deceased was aged 27 years at the time of accident. He was mechanic of Radio, T.V. and was doing business of electronic goods. He was earning Rs. 8,000/ -per month. The claimants claimed a sum of Rs. 23,00,000/ - as compensation.