UNITED INDIA INSURANCE CO. LTD. BRANCH OFFICE RAMPUR THROUGH ITS D.M. DIVISIONAL OFFICE, HALDWANI, NAINITAL Vs. PREMA PANDEY

JUDGEMENT

(1.) Heard Sri Prabhat Pandey Counsel for the appellant and Sri B.D. Upadhyay Counsel for the respondents.

(2.) This is insurer's appeal against the award dated 28.8.1984, passed by the Motor Accident Claims Tribunal, Nainital.

(3.) The claimants Smt. Prema Pandey and others preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Bala Dutt Pandey in a motor vehicle accident. According to the claimants on the fateful day on 30.9.1983, deceased Bala Dutt was going to Khairna from Charra by a truck No. URN 1224. When they reached near Bawaria, the truck fell down Into Koshi river due to rash and negligent driving. Sri Bala Dutt was swept away in the flooded river and his dead body could not be recovered.