NATIONAL INSURANCE COMPANY LTD Vs. BASANTI DEVI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the appellant against the judgment and award dated 11.12.2007 passed by Motor Accident Claims Tribunal/District Judge, Nainital in Motor Accident Claim Case No. 61 of 2007, Smt. Basanti Devi and Anr. v. Smt. Krishna Devi and Ors..

(2.) Brief facts of the case are that on 19.12.2006 at about 03:05 p.m., the deceased - Sher Singh had parked his Government Jeep near Masjid, Nainital and was standing on the side of the road near Masjid with the support of railing/wall, suddenly, a Max Jeep bearing registration No. UA04B/8451, which was being driven by its driver in a very rash and negligent manner, hit the deceased, due to which Sher Singh sustained serious injuries. He was immediately after the accident admitted in the B.D. Pandey Hospital where the doctors declared him dead. The claimants are the dependents upon the deceased and filed claim petition before the Tribunal for a sum of Rs. 15,50,000/-. According to the claim petition, at the time of the accident the deceased was 57 years of age and was working as a driver in Thana Bhowali and used to earn Rs. 13,554/- per month as salary.

(3.) Thereafter notices were issued to the opposite parties. On the receipt of the notices, the opposite parties contested the claim by filing their separate written statements before the Tribunal. On the basis of the pleadings of the parties, the Tribunal framed relevant issues in the claim petition. Thereafter, both the parties led evidence in support of their case. After hearing learned Counsel for the parties and perusing the entire material available on record, the Tribunal decreed the claim petition for a sum of Rs. 8,21,000/- along with interest 6% per annum from the date of filing the claim petition till the actual date of payment vide judgment and award dated 11.12.2007.