SOHAN SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant owner of the offending vehicle No. UP 07-E 9333 against the judgment and the award dated 6.8.2007 passed by Motor Accidents Claims Tribunal/District Judge, Tehri Garhwal in Indra Dei Devi v. Sohan Singh, M.A.C. Case No. 48 of 2005.

(2.) Brief facts of the case are that on 24.3.2005, the deceased Puran Singh was coining from Chamba towards Jolangi to his home in a vehicle No. UP 07-E 9333. At about 3.30 p.m., when the said vehicle reached near the Primary School, Guldi, Chamba Road, it met with an accident due to rash and negligent driving of its driver, in which, Puran Singh died. According to the claim peti-tion, the deceased was 50 years of age at the time of accident and was running a shop and it was alleged that he was earning Rs. 8,000 per month. Hence, an amount of Rs. 22,25,000 was claimed as compensation.

(3.) Sohan Singh, opposite party No. 1, owner of the offending vehicle contested the claim application on the ground that the amount claimed by the claimant is on the higher side. It has further alleged that the vehicle in question was insured with National Insurance Co. Ltd., therefore, the liability of compensation lies upon the insurer of the vehicle in question.