ORIENTAL INSURANCE COMPANY LIMITED THROUGH ITS ASSISTANT MANAGER Vs. SMT. KHASTI DEVI W/O SRI NARAIN DUTT JOSHI,

JUDGEMENT

(1.) Heard Sri D.S. Patni, counsel for the appellant and Sri M.C. Pandey, counsel for the respondents.

(2.) By the present A.O. filed under Sec. 173 of the Motor Vehicles Act, appellant has prayed for setting aside the award dated 29.5.1999 passed by the Motor Accident Claims Tribunal / District Judge, Pithoragarh in M.A.C.P. No. 40 of 1993 Smt. Khasti Devi v/s. Mangat Ram and Anr. whereby the claims tribunal has awarded a sum of Rs. 1,15,000/ - to the claimant along with simple interest @ 8% per annum.

(3.) Briefly stated, on 22.1.1993, deceased along with hired truck No. USZ 9416 for a sum of Rs. 1800/ - from Lohaghat to Tanakpur to bring the furniture and other goods, but when the truck reached near Village Kathol, Police -Out Post Chalthi about 5 p.m., the truck met with an accident on account of rash and negligent driving of its driver and fell down by the side of the road. In this accident, Narain Dutt Joshi sustained injuries but when he was taken to the Hospital, he was declared dead. His post mortem was conducted on 23.1.1993.