ORIENTAL INSURANCE COMPANY LTD Vs. NEELA DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 14.3.2007, passed by Motor Accident Claims Tribunal/District Judge, Nainital, in MACT Case No. 51/2006, Smt. Neela Devi and others Vs. Baldeo Singh and another.

(2.) BRIEF facts of the case are that deceased Kundan Singh Adhikari was employed as driver on Truck No. HR 38 -C/8491 owned by Baldeo Singh. On 5.11.2005 when he was carrying the said truck to Ghaziabad from Bhiwadi he stopped the said truck in the way and got down from it. Suddenly an unknown vehicle dashed him due to which he sustained grievous injuries and he succumbed to the injuries at the spot itself. According to the claimants the deceased used to earn 4,500/ - per month. Therefore, the claimants preferred claim petition for a sum of Rs. 5,50,000/ - in lieu of death of the deceased.

(3.) THE opposite party No. 1, owner of the offending vehicle contested the claim petition and alleged that the deceased Kundan Singh was employed as driver on his truck and he used to give him a monthly salary of Rs. 3,000/ - plus Rs. 50/ - towards daily food expenses. He has admitted the death of the deceased in the accident and alleged that the deceased was having valid driving license at the time of accident and the truck was insured with Oriental Insurance Company for the period 10.12.2004 to 9.12.2005.