YOGENDRA PAL SINGH Vs. SOMTI DEVI

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred by the owner of offending vehicle in question, against the judgment and award dated 3.1.2007 passed by Motor Accident Claims Tribunal/District Judge, Haridwar in M.A.C.C. No. 30/2006, Smt. Somti Devi and another vs. Yogendra Pal Singh and another.

(2.) THE claimants filed a claim petition before the Tribunal under Section 140/166 for grant of compensation to the tune of Rs. 11,10,000/ - in lieu of death of deceased -Bishambar Singh (husband of claimant no. 1 - Smt. Somti Devi) alleging therein that Sri Bishambar Singh died in an accident on 6.2.2006 which occurred at 6.00 p.m. near Singhdwar P.S. Jwalapur due to rash and negligent driving of driver of vehicle No. UP. 11K 1879. It has also been alleged that monthly income of deceased was Rs. 7,100/ - and his age was 59 years at the time of his death.

(3.) OPPOSITE party no. 1 i.e. owner of vehicle in question/appellant before this Court filed his written statement denying the contents of the claim petition and stated that accident is the result of rash and negligence on the part of deceased and liability to pay the compensation, if any, is of opposite party no. 2 - New India Assurance Co. Ltd. with whom the said vehicle was insured at the time of accident.