NATIONAL INSURANCE CO LTD Vs. SONIA RANA

JUDGEMENT

(1.) This appeal, under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 10.08.2007 passed by Motor Accident Claims Tribunal/First Fast Track Court, Nainital, in M.A.C.P. No. 109 of 2006, Smt. Sonia Rana and Ors. v. Chandra Pal Singh and Ors., awarding a sum of Rs. 12,00,000/- to the claimants as compensation against National Insurance Co. Ltd. with interest @ 6% per annum from the date of filing the petition.

(2.) Brief facts of the case, as narrated in claim petition, are that on 9.4.2006 at about claimant No. 1 Smt. Sonia Rana along with her husband Dayal Singh Rana was going towards Bhimtal from Haldwani by Scooter No. U.A.04-9331 in a moderate speed and as soon as the said scooter reached H.M.T. bend, another Scooter No. U.A.-2416 which was coming from the opposite direction rashly and negligently hit the scooter of Dayal Singh Rana, as a consequence of which Dayal Singh Rana and his wife sustained grievous injuries and they were taken to Krishna Nursing Home with the help of people by Rajendra Singh, where Dayal Singh Rana was declared dead by the doctor. The deceased had been working on the post of Scientist Assistant in Jamrani Dam Construction Division, Kathgodam and his promotion was due in May, 2006. The claimants claimed a sum of Rs. 20,60,000/- as compensation against the opposite parties.

(3.) The opposite parties in the claim petition contested the claim before the Tribunal and denied their liability to pay compensation to the claimants.