CHARAN SINGH Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/owner of the vehicle against the judgment and order dated 08.10.2007 passed by Motor Accident Claims Tribunal/District Judge, Pauri Garhwal in Motor Accident Claim Case No. 109 of 2005, Smt. Shanti Devi & another Vs. Charan Singh & Others.

(2.) BRIEF facts of the case are that on 22.07.2005, the deceased Ravinder Singh Khatri was going from Kirtinagar to Srinagar on his scooter No. UP07H/9390 along with his nephew who was five years of age. At about 05:00 p.m., when he reached at Pauri Chungi, a bus bearing registration No. UA07C/9252, which was being driven by its driver in a very rash and negligent manner, hit the said scooter, due to which he sustained serious injuries. He was immediately admitted in the Srinagar Hospital where the doctors considering the injuries of the deceased referred him to higher center. Thereafter, he was taken to Dehradun but he had died on the way to Dehradun. At the time of the death, the deceased was working as a Senior Clerk in Public Works Department and used to earn Rs. 8,698/ -. According to the claim petition, the deceased was 50 years of age on the date of accident. The claimants are the legal representatives of the deceased. Hence, an amount of Rs. 14.00 lacs was claimed as compensation.

(3.) THE notices were issued to the opposite parties. The opposite party No. 1 Charan Singh (owner of the bus No. UA07C/9252) contested the claim petition by filing written statement before the Tribunal alleging therein that the accident took place due to rash and negligent driving of the deceased. It has also alleged that the driver of the vehicle was having the valid and effective driving licence on the date of accident. It has also pleaded that the bus in question was insured with the National Insurance Company Ltd., therefore, the liability of compensation lies upon the insurer of the vehicle.