PAN SINGH Vs. GEETA PATHAK AND OTHERS

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 15-7-2004, passed by Mo­tor Accident Claims Tribunal/District Judge, Pithoragarh, in MACT. No. 74/2002, Smt. Geeta Pathak and others Vs. Pan Singh and another.

(2.) BRIEF facts of the case are that on 19-6-2002 at about 11:30 A.M. Tata Spacio bearing registration No. U.A. 04/4464 met with accident near the Kasad bend situated at place Parti Ligdat, due to the rash and negligence of the driver. In the said accident Naveen Chandra Pathak also sustained grievous injuries and he lateron succumbed to the inju­ries. The deceased at the time of acci­dent was employed as a soldier in Indo Tibetan Boarder Police and was getting Rs. 5, 775/- per month salary. Therefore, the claimants, being the dependents of the deceased, filed claim petition.

(3.) THE opposite party No. 2, the New India Assurance Company also filed its written statement denying the particulars mentioned in the claim peti­tion. It also alleged that the driver of the offending vehicle was not having valid driving licence and it was being driven in contravention of terms of insurance policy, therefore, the petition is liable to be dismissed.