JAIRA HANIF Vs. NISHAN SINGH

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 03. 01. 2006 passed by Motor Accident Claims Tribunal/ist Additional District Judge, Udham Singh Nagar in M. A. C. Case No. 115 of 2004, Smt. Jaira and others vs. Nishan Singh and another.

(2.) BRIEF facts giving rise to this appeal are that on 25. 3. 2004 when Hanif (deceased) along with Abdul Kareem was going to Dorahe from Bhabba Nagla on motorcycle, a Tractor bearing Registration No. UP-22 C 4333 coming from opposite direction dashed with motorcycle, on account of which Hanif and Abdul Kareem sustained serious injuries. Abdul Kareem was admitted in Government Hospital, Haldwani where he died. Hanif was admitted in Krishna Hospital Research Centre and thereafter he was referred to Sushila Hospital, Haldwani and there during treatment he also died. The claimants have claimed Rs. 50,000/- as medical expenses during treatment of Hanif (deceased ). They also alleged that at the time of accident, Hanif (deceased) was aged 40 years and was doing work as labourer and used to earn Rs. 2000/- per month. Therefore, the claimants have prayed for compensation of Rs. 5,80,000/ -.

(3.) THE owner of the offending Tractor filed his written statement refuting the contents of the claim petition. It has been alleged by the owner of the tractor in question that his tractor was being driven by one Rajendra Singh son of Ram Singh and he was having driving licence which was valid from 14. 6. 2001 to 13. 6. 2004. At the time of accident, the tractor in question was insured with United India Insurance Company Ltd. He also denied the amount of insurance as claimed by the claimants. He also alleged that whatever amount of compensation to be awarded in the case, is to be paid by the Insurance Company and not by owner of the tractor in question.