ORIENTAL INSURANCE COMPANY LTD Vs. DEEWANI CHAND

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act has been filed by the appellant against the judgment and award dated 6.4.2005 passed by the M.A.C.T./A.D.J./IIIrd F.T.C., Udham Singh Nagar in M.A.C.P. No. 29 of 2004 whereby the Tribunal awarded a sum of Rs. 7,99,842/ - along with interest @ 7% per annum from the date of filing the claim petition till the actual payment.

(2.) BRIEF facts of the case, according to the claim petition are that on 18.07.2003 at about 6:30 p.m., the deceased was standing near Tigri Choraha Tanakpur Road, for going to his village Naugmanath at the same time a Canter bearing registration No. UP14J/9268 coming from the Tanakpur side which was being driven by its driver in very rash and negligent manner hit the deceased, due to which he sustained fatal injuries. He was immediately rushed to C.H.C., Khatima for his treatment but in the way he has died. The deceased was 24 years of age and used to earn Rs. 5,863/ - per month as salary. He was working sepoy in 10th Brigade of the Guards in Army. The claimants are the father, mother, brother and sister of the deceased and have filed the claim petition before the Tribunal for a sum of Rs. 20,00,000/ - as compensation.

(3.) THE opposite party No. 1 - Jagtaar Singh owner of the vehicle in question has contested the claim petition by filing his written statement alleging therein that the accident was not caused by any negligence of Canter driver but it was took place due to sole negligence of the deceased himself. It has further pleaded that on the date of accident, the vehicle in question insured with the Oriental Insurance Company Ltd., therefore, the liability, if any, lies upon the Insurance Company.