NATIONAL INSURANCE CO. LTD Vs. MADAN SINGH RAWAT

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred by the appellant i.e. National Insurance Company Limited against the judgment and award dated 15.05.2007 passed by Motor Accident Claims Tribunal/District Judge, Rudraprayag, in M.A.C.T. Case No. 60/2005, Sri Madan Singh Rawat and Anr. v. National Insurance Co. Ltd. and Ors.

(2.) BRIEF facts of the case, as narrated in the claim petition, are that on 17.11.2005 at about 2.05 p.m. when deceased -Smt. Kamla Rawat, wife of claimant -Sri Madan Singh Rawat, was going to Gairola Nursing Home near University Gate, Srinagar at Rishikesh -Badrinath motor road, vehicle Tata 207 bearing Registration No. U.P.14 -W -9809 coming from opposite direction hit the wife of claimant on account of rash and negligent driving of its driver, as a result of which deceased sustained injuries on her person. The deceased was taken to Base Hospital Srikot Srinagar in an injured condition where she died during her treatment. The age of deceased at the time of accident was 33 years and she had been earning a sum of Rs. 3000/ - per month by doing the work of sewing and knitting. At the time of accident opposite party No. 1 -Ravindra Kumar Sharma was the registered owner of vehicle in question, which was comprehensively insured with opposite party No. 2 -National Insurance Co. Ltd. The claimants thus claimed a sum of Rs. 4,44,000/ - as compensation against opposite parties.

(3.) NONE has appeared on behalf of opposite party No. 2 -Sri Ravindra Kumar Sharma -owner of vehicle in question, hence several notices were issued to him by ordinary as well as registered post but in case of non -appearance of opposite party No. 1 publication was made in daily newspaper 'Dainik Jagran' and therefore an order was passed on 23.5.2006 to proceed exparte against opposite party No. 2.