UNITED INSURANCE COMPANY LTD Vs. NARENDRA SINGH

JUDGEMENT

(1.) THIS is insurer's appeal against Award dated 21 -09 -2006 passed by Motor Accident Claims Tribunal/District Judge, Champawat in M.A.C.C. NO.10 of 2006. 2007(1 ) United Insurance Company Ltd. Vs. Narendra Singh & others 657

(2.) THE claimants, who are unfortunate parents and brothers of deceased Vikram Singh, claimed compensation of Rs. 13,60,0001 - for his death in the motor accident on 716 -04 - 2006 when his cycle was dashed by the offending vehicle Shaktiman Truck bearing registration No. U.P. -29 -1285 resulting in serious injuries to Vikram Singh, who succumbed to those injuries on his way to the hospital. The claimants pleaded that deceased Vikram Singh was aged about 27 years and used to earn Rs. 4,000/ - per month as Truck Cleaner.

(3.) THE owner and insurer of the offending vehicle Shaktiman Truck contested the claim and denied their liability to pay compensation to the claimants on the plea that the deceased himself was negligent and, as such, was responsible for the accident. The insurer, further, pleaded that the Truck was being plied in breach of the policy conditions and the driver of the Truck was not holding a valid driving license.