UNITED INDIA INSURANCE CO LTD Vs. PAWAN

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, has been preferred against the judgment and award dated 30.6.2007 passed by Motor Accidents Claims Tribunal/District Judge, U.S. Nagar in M. A.C.P. No, 221 of 2006.

(2.) Brief facts of the case are that on 23.8.2006 deceased Mallu alias Jaibir Singh and Bipin Singh were going to their home from Khairullapur, P.S. Thakurd wara on a motor cycle. At about 5.30 p.m. truck bearing No. HR 38-C 6086 came there in a rash and negligent manner and dashed the motor cycle, due to which both the motorcyclists sustained grievous injuries. They were taken to hospital by one Amar Singh where Mallu alias Jaibir Singh succumbed to the injuries. The deceased at the time of death was 25 years of age and used to earn Rs. 5,000 per month. The claimants filed claim petition for a sum of Rs. 10,00,000.

(3.) The owner of the offending truck, OP 1, filed his written statement and alleged that the accident occurred due to own fault of motorcyclist, therefore, he is not liable to pay any compensation.