UNITED INDIA INSURANCE CO LTD Vs. BALBIR KAUR

JUDGEMENT

(1.) The present appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and the award dated 6.8.2004, passed by M.A.C.T./Additional District Judge/Third F.T.C., Udham Singh Nagar, in M.A.C.P. No. 98 of 2003, Balbir Kaur v. Fahim Ahmad, by which the claimants were awarded compensation of Rs. 3,12,000 along with interest at the rate of 7 per cent per annum payable by the opposite party/appellant, United India Insurance Co. Ltd.

(2.) Brief facts of the case giving rise to this appeal are that on 6.3.2003 at about 2.30 p.m. Atma Singh deceased along with his son Satnam Singh was going to Tada Ujjain from Kashipur Chauraha and as soon as they reached near Malgodam on Station Road, the driver of tractor No. UP 21-H 4596 coming from the side of Chauraha rashly and negligently, dashed Atma Singh from behind due to which Atma Singh was seriously wounded and died at the spot. As per the claim petition, the age of the deceased Atma Singh at the time of accident was 49 years and he was doing the work of raj mistri. From the work of raj mistri the deceased was earning Rs. 3,600 per month. It was also alleged that besides this the deceased also used to do the work of milk-dairy and was earning Rs. 1,000 per month. The claimants also alleged that they were dependent on the income of the deceased and they have no other source of income, hence they claimed Rs. 5,00,000 as compensation in lieu of death of Atma Singh.

(3.) Opposite parties/respondent Nos. 4 to 8 filed joint written statement before the Tribunal. They denied the averments of the claim petition for want of knowledge and also denied the accident by the tractor. It was also pleaded that the driver of the offending tractor was having valid driving licence at the time of the accident and the tractor was insured with United India Insurance Co. Ltd. The offending tractor had valid documents and in case, if any, liability for payment of compensation is fixed, then the same will be of the insurance company.