VIJAYA DEVI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the Appellants against the judgment and award dated 01.05.2006 passed by M.A.C.T./District Judge, Chamoli in M.A.C. Case No. 34 of 2005, Smt. Vijaya Devi and Ors. v. The Oriental Insurance Company Ltd. and Ors.

(2.) BRIEF facts of the case are that on 20.03.2005, Mahanand was traveling in vehicle No. UA11/0263 from Maithana to Rudraprayag. When the said vehicle reached near Village Baiganu, Thana Karanprayag, the driver of the vehicle lost control over it, due to rash and negligent driving and it met with an accident. The injured persons were admitted in the Government Hospital, Karanprayag, where Mahanand was declared dead by the doctors. According to the claim petition, the deceased was 62 years of age and was getting Rs. 3,818/ - per month as pension. Therefore, the claimants filed a claim petition before the Tribunal for a sum of Rs. 10,07,000/ - as compensation.

(3.) THE opposite party No. 2 - Pradhyuman Singh - owner of the vehicle in question also filed the written statement alleging therein that on the date of accident, the driver of the vehicle was having the valid and effective driving licence. He has further stated that the accident took place due to technical failure. Sri Pradeep Kumar - driver of the vehicle in question has not contested the claim petition, therefore, the case against him proceeded ex -parte.