ORIENTAL INSURANCE COMPANY LTD Vs. SHRISTI RAWAT

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act has been filed by the appellant against the judgment and order 11. 10. 2004 passed by Motor Accident Claim Tribunal/district Judge, Pauri Garhwal in M. A. C. P. No. 58 of 2002, Km. Sristi Rawat and others Vs Dilbar Singh Rawat and others whereby the Tribunal awarded a sum of Rs. 8,86,400/- as compensation in favour of the claimants.

(2.) BRIEF facts of the case are that Suchita Rawat on 21. 11. 2001 going to her school at Patti Gagwadsuen, District Pauri by Jeep bearing No. UP06/6185, at Lavali Pauri Motor Marg, the jeep in question met with an accident due to rash and negligent driving of the driver. As a result of the said accident, Smt. Suchita Rawat sustained serious injuries. She was immediately taken to District Hospital, Pauri where, the doctor declared her dead. According to the claim petition, she was working as a teacher and used to earn Rs. 7,500/- per month as salary. The claimants are the legal heirs of the deceased and filed claim petition to the tune of Rs. 20,00,000/- before the Tribunal concerned.

(3.) A written statement was filed by the owner of the offending vehicle wherein the accident has been admitted. It has been submitted that in his absence, the driver of the vehicle in question Jaipal Singh Rana went to his in-laws (sasural) and handed over the vehicle to his brother, namely, Vimal Rana who caused the accident. It has been submitted that after getting the information about the accident, he went to Puri. Sri Vimal Rana was holding valid driving licence to drive the Light Motor Vehicle. The offending vehicle was insured with Oriental Insurance Company. It has been submitted that Sri Vimal Rana and the Insurance Company is liable to pay the compensation, if any.