THE ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS DIVISIONAL MANAGER Vs. SMT. KUNTI DEVI WIFE OF LATE MAGAN SINGH,

JUDGEMENT

(1.) HEARD Shri Pankaj Purohit, counsel for the appellant and Shri R.P. Nautiyal, counsel for the respondent No. 1.

(2.) THIS is insurer's appeal.

(3.) BRIEFLY stated, a motor accident claim petition No. 9 of 2002 was made under Section 166 of the Motor Vehicles Act for compensation of Rs. 4,30,000/ - on account of death of Magan Singh (hereinafter referred to as 'the deceased') in a motor accident taken place on 30.4.2001. According to the claimant, on 30.4.2001 the deceased was coming to Chamoli from Karnprayag by vehicle No. UP 06 -3233. The said vehicle was being driven rashly and negligently by its driver as a result of which the vehicle met with an accident resulting into the death of the deceased. It has been stated that the deceased was 61 years old and was doing the contracting work. He was earning a sum of Rs. 5,000/ - per month. Further, it has been stated that the dead body of the deceased was found in the river and its postmortem was carried on as anonymous person. The claimant has claimed a sum of Rs. 4,30,000/ - towards compensation.