NATIONAL INSURANCE COMPANY LTD Vs. ANITA DEVI

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred by the appellant i.e. National Insurance Company Limited, who is the insurer of offending vehicle Maruti Car Alto No. U.A.01/5163, against the judgment and award dated 28.11.2006 passed by Motor Accident Claims Tribunal/District Judge, Bageshwar in M.A.C.T. Case No. 14/2005, Smt. Anita Devi v. Sri Dhirendra Singh Martolia and Ors..

(2.) BRIEF facts of the case, as narrated in the claim petition, are that on 12.8.2005 deceased -Anand Singh was going from Almora to his village Palsau in Maruti Car Alto No. U.A.01/5163 and when the said vehicle reached at Chidang bend, District Bageshwar, it met with an accident, in which deceased -Anand Singh sustained injuries and ultimately he died. At the time of accident deceased was 30 years of age and was working as Teacher in Higher Secondary School Chaura and was getting salary of Rs. 6000/ - per month from the said job.

(3.) OPPOSITE party No. 1 filed his written statement admitting therein the factum of accident and stated that accident did not take place on account of rash and negligence of driver of offending vehicle in question. It has also been stated that amount of compensation as claimed by claimant is on higher side. The liability to pay the compensation, if any, is of opposite party No. 4 - National Insurance Co. Ltd., from whom the offending vehicle in question was insured at the time of accident.