NEW INDIA ASSURANCE COMPANY LTD Vs. FAKIRA

JUDGEMENT

(1.) B.C. Kandpal, J. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/Insurance Company against the judgment and award dated, 15th December, 2007 passed by Motor Accident Claims Tribunal/District Judge, Deharadun in M.A.C.T. Case No. 342 of 2005, Fakira v. Mohd. Yusuf and others.

(2.) Brief facts of the case are that the deceased was an electrician of high tension lines and he was earning Rs.6,500 per month as salary. On 18th December, 2005 at about 10.30 a.m., he was waiting on Mussoorie Diversion near Kuthal Gate, Dehradun for passenger vehicle, suddenly, a tractor bearing registration No. UA071/494 which was being driven by its driver in a rash and negligent manner dashed against the deceased who sustained multiple injuries. He had died on the way to Mahant Indresh Hospital, Dehradun on the same day. The claimant is the father of the deceased, hence, an amount of Rs.16,20,000 was claimed as compensation in lieu of the death of his son.

(3.) The notices were issued to the opposite parties. The opposite party Nos.1 and 2/owner and driver of the tractor contested the claim petition by filing their joint written statement before the Tribunal on the ground that the accident was not result of rash and negligent driving of the driver of the tractor. It has further pleaded that the driver was having a valid and effective driving licence and it was also pleaded that the tractor was insured with the New India Assurance Company Ltd.