KAMALA DEVI CHANDRA BALLABH Vs. DARSHAN SINGH NAGARKOTI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and award dated 25/11/2002, passed by Motor Accident Claim Tribunal/district Judge, Bageshwar, in MACP No. 14 of 2002, Smt. Kamla Devi Vs. Darshan Singh and another, whereby the claimant was awarded a compensation of Rs. 52,000/- against the New India Assurance Company along with interest @ 12% per annum from 28. 4. 2002 till the date of final payment.

(2.) BRIEF facts of the case giving rise to this appeal are that deceased Harish was employed as driver on the vehicle Tata Spacio No. U. A. 02/0062 owned by Darshan Singh (Respondent No. 1 ). On 28/4/2002 the said vehicle met with an accident in the night near Kanda and in the said accident driver Harish died at the spot. The said vehicle was insured with New India Assurance Company Ltd. The claimant/appellants preferred claim petition for a sum of Rs. 22,00,000. 00 against the owner and the insurer of the offending vehicle, under Section 166 of the Motor Vehicles Act.

(3.) THE owner of the vehicle filed written statement before the Tribunal and admitted that the deceased Harish Chandra was in his employment and he was being paid Rs. 2,000/- per month as salary. The owner of the vehicle also alleged that the vehicle was insured with New India Assurance Company and the liability to pay compensation is upon the insurer.