NATIONAL INSURANCE COMPANY LIMITED THROUGH ITS DIVISIONAL MANAGER Vs. SMT. DEOKI DOLIA W/O LATE DIWAN SINGH DOLIA AND SMT. HARBHAJAN KAUR WIFE OF LATE SADHU SINGH

JUDGEMENT

(1.) Heard Sri B.K. Gupta counsel for the appellant and Sri Sri Puran Singh Bisht, counsel for the respondents.

(2.) Briefly stated respondent Smt. Deoki Dolia has filed a claim petition before the Motor Accident Claims Tribunal, for the grant of compensation on account of the death of Kalip Singh Doha in a motor vehicle accident on 8.3.1999 at 8.00 AM near Gupta Hotel P.S. Pasganwa Kheri, District Lakhimput Kheri. According to the claimant she along with bar husband Diwan Singh and deceased son was travelling from Lucknow to Dharchula by Maruti Car No. DL 2/7986 on 8.3.1999. At about 8.00 AM when they were at the place of occurrence, the driver of the offending Truck No. H.R. 29 G.A./0427 dashed against the Maruti Car from the opposite direction due to which her son and husband succumbed to the injuries sustained in the accident at the spot. According to the claimant the accident took place due to rash and negligent driving by the truck driver.

(3.) The opposite party Smt. Harbansh Kaur contested the claim petition has and filed the written statement or the ground inter -alia that the truck in question was insured with the New India Insurance Company and the driver of the truck was holding a valid driving licence on the date of accident. According to her the accident did not take place due to rash and negligent driving by the truck driver.