SMT. SHIWANI RANA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Both the appeals have arisen out of the same judgment and order dated 10.9.2015 rendered by the Motor Accident Claims Tribunal, Dehradun in MACP No. 107/2008, hence are being taken up together for adjudication.

(2.) Accident occurred on 10.3.2008 at around 9.45 PM on the hilly roads of District Rudraprayag when a car no. UA07-Q-1242, which was being driven from Rudraprayag to Narkota by its driver Mr. Nalin Bhatt, it skidded off and fell into a deep ditch causing the death of Ashutosh Rana, who was a youth of 31 years and he left behind his parents, young wife and a two years old son. So, all the four dependants instituted the aforementioned claim petition on 27.5.2008, which was contested/represented by the National Insurance Company and the employer of the deceased. It culminated into granting of compensation to the tune of Rs. 12,59,200/- along with 7 per cent annual interest with effect from the date of presentation of the petition till the actual payment is made.

(3.) Learned Tribunal, in the operative portion of the impugned judgment and order, did not award anything to Smt. Shiwani Rana on the premise that she has remarried in 2011 with one Mr. Sanjay Kumar Shukla. The marriage certificate of the deceased and such fact have not been denied even by Smt. Shiwani Rana, who has filed the AO No. 642/2015, feeling aggrieved with such order of the Tribunal not granting any amount of compensation to her.