NATIONAL INSURANCE COMPANY LTD Vs. THAKUR SINGH GOSAIN

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, has been preferred by the National Insurance Company against the judgment and award dated 20-7-2005, passed by Motor Accident Claim Tribunal/district Judge, Tehri Garhwal, in M. A. C. Case No. 24 of 2004, Thakur Singh and another Vs. Vikram Singh and another, whereby the claim petition was allowed for compensation of Rs. 9,18,000-00 along with an interest @ 5% per annum from the date of presentation of the petition against the National Insurance Company.

(2.) BRIEF facts of the case, giving rise to this appeal, are that the deceased Smt. Shaila Gosain was an Assistant Teacher. She has died in an accident on 4. 3. 2004 when she was returning to Kirti Nagar from her school in vehicle No. U. P. 08-6070. According to the petition the accident had occurred due to rash and negligence of the driver of the jeep. The claimants filed claim petition for the death of Smt. Shaila. The deceased was aged 30 years at the time of accident and she was getting a salary of Rs. 8000/- per month.

(3.) O. P. No. 1, the owner of the jeep filed written statement alleging therein that the jeep was insured with National Insurance Company and its driver had valid driving license.