UNITED INDIA INSURANCE CO LTD Vs. PREM BISHI

JUDGEMENT

(1.) -HEARD Mr. D. S. Patni, counsel for the appellant and Mr. L. K. Tiwari, Mr. P. C. Bisht and Mr. Kishor kumar, counsel for the respondents.

(2.) THIS is insurer's appeal against the award dated 28. 6. 2003, passed by Motor accidents Claims Tribunal, Almora.

(3.) THE claimant Prem Bisht preferred a claim petition under section 166 of the motor Vehicles Act, 1988 for the grant of compensation on account of the death of govind Singh in a motor vehicle accident. According to the claimant on the fateful day on 2. 3. 2002 at about 7. 30 p. m. , the deceased was travelling by jeep No. UP 01-3159. The vehicle was being driven by its driver rashly and negligently, with the result when the vehicle reached near Badyura village the driver lost control over the vehicle and it fell down into a ditch. The deceased sustained fatal injuries and he succumbed to his injuries instantaneously.