ORIENTAL INSURANCE CO LTD Vs. SARASWATI DEVI

JUDGEMENT

(1.) THIS appeal preferred by the opposite party Oriental Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and order dated 04 -06 -2005 passed by the Motor Accident Claims Tribunal/District Judge, Chamoli (hereinafter to be referred as Tribunal) in Motor Accident Claim Case No. 77 of 2004 Smt. Saraswati Devi & another Vs. Oriental Insurance Co. Ltd., whereby the claim petition was decreed for a compensation of Rs. 2,66,000/ - along with 5% interest per annum from the date of filing of the claim petition till the date of payment against the opposite party -appellant 1 Insurance Company.

(2.) BRIEF facts of the case are that on 05 -11 -1997, deceased Mahendra Singh was going his village Tedakhansal from Gopeshwar by driving Jeep No. UP.05 -0377 and due to the technical fault, when the said vehicle reached near Padaosain Rikholi village, it fell into a ditch as a result of which Mahendra Singh died on the spot. The deceased was earning Rs, 6,000/ - p.m. from agriculture work and driving and hence an amount of Rs. 10,35,000/ - was claimed as compensation.

(3.) THE opposite party -appellant contested the case by denying the allegations made in the claim petition. It was stated that at the time of accident, the driver was not having Registration Certificate, Clearance Certificate, Driving Certificate and Insurance Policy. The deceased was the owner of the vehicle and it was not clear whether he was insured or not.