UNITED INDIA INSURANCE COMPANY LIMITED Vs. SEEMA MASSEY

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 16/5/2005, passed by Motor Accident Claim Tribunal/additional District Judge/iv F. T. C. , Dehradun, in MACP No. 317 of 2002.

(2.) BRIEF facts of the case, giving rise to this appeal, are that deceased Ashok Kumar, was posted as Collection Amin. On 24-9-2002 at about 3. 45 P. M. he along with Surendra Yadav was coming Haridwar from Doiwala riding in Scooter No. H. Y. X. 7024. When they reached near Aryanagar, Haridwar, Truck bearing registration No. U. P. N. 1020 came there at a very high speed and dashed the Scooter on wrong side, due to which both the scooter riders died at the spot. The claimants filed the claim petition for compensation in lieu of death of Ashok Kumar.

(3.) THE opposite parties, owner and driver of the offending truck filed written statement and denied the allegations made in the petition. They alleged that the accident had occurred due to own negligence of the scooter riders. The truck was insured with United India Insurance Company and the compensation, if any, is liable to be paid by the insurer.