UNITED INDIA INSURANCE COMPANY LTD Vs. SUSHEELA DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the United India Insurance Company Ltd. against the judgment and order dated 14. 12. 2006 passed by M. A. C. T. /district Judge, Champawat in M. A. C. P. No. 06 of 2006, Smt. Sushela Devi and others Vs Smt. Meena Devi and others whereby the Tribunal awarded a sum of Rs. 5,28,400/- in favour of the respondents/claimants.

(2.) BRIEF facts of the case are that the deceased - Nar Bahadur Buda was working as cleaner in Truck No. UA03/1884. On 24. 03. 2006, he was going to Marorkhan from Lohaghat in the said truck. The truck in question was being driven rashly and negligently by its driver. On account of the rash and negligent driving, the deiver of the truck in question lost control over the vehicle and the same fell down into a ditch of 200 deep. In this accident, the claimant received grievous injuries and at first was admitted at Community Health Centre, Lohaghat but being financially weak, the claimants had to go to Nepal. At the time of the accident, the deceased was 28 years of age and was earning a sum of Rs. 4,500/- per month, therefore, the claimants filed claim petition for compensation to the tune of Rs. 21,00,000/ -.

(3.) THE owner of the truck - Smt. Meena Devi has contested the claim petition by filing the written statement, wherein it has been stated that the amount of claim is excessive. Further it has been stated that the accident had taken place due to technical fault in the truck in question and not because of the rash and negligent driving of the driver of the truck. It has further been stated that at the time of the accident, the truck in question was having valid driving licence. It has further contended that at the time of the accident, the truck in question was insured with United India Insurance Company Ltd. , therefore, the liability to pay compensation is of insurer.