SMT. RAMWATI Vs. SUBHASH @ PINTU AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act has been filed by the appellant/claimant against the judgment and award dated 29.06.2007 passed by M.A.C.T./District Judge, Udham Singh Nagar in M.A.C.P. No. 70 of 2005, Smt. Ramwati v. Subhash @ Pintu and Ors. whereby the Tribunal awarded a sum of Rs. 82,000/ - in favour of the claimant/appellant.

(2.) BRIEF facts of the case are that on 06.02.2005, son of the claimant/appellant - Anand was coming from Barber shop, when he reached near Hydel Sub -station, a tractor bearing registration No. UP14W/4902, which was being driven by its driver in a very rash and negligent manner, hit Anand from behind. In this accident, Anand sustained serious injuries and died on the spot. The claimant is the mother of the deceased. According to the claimant, her husband died three year prior and the deceased was 13 years of age. Therefore, she filed claim petition for a sum of Rs. 2,00,000/ - before the Tribunal as compensation in lieu to the death of his child.

(3.) NEW India Assurance Company Ltd./opposite party No. 6 contested the claim petition by filing written statement before the Tribunal alleging therein that the Insurance Company was not informed about the accident by the insured. It has further alleged that the driver of the tractor was also not having the valid and effective driving licence. Therefore, the claim petition was liable to be dismissed against the Insurer/New India Assurance Company Ltd.