RAISHA Vs. BALVEER SINGH

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicle Act, has been filed for enhancement of the amount of compensation by the claimants, against the judgment award dated 31.10.2007, passed by Motor Accident Claims Tribunal/District Judge, Haridwar, in MACP No. 181/2006, Smt. Raisha and others Vs. Balveer Singh and others.

(2.) BRIEF facts of the case are that on 20.4.2006 at about 9 A.M. Furkan Ali was waiting for Bus standing in front of Chaudhary market, at G.T. Road, Manglore, suddenly Tractor Trolley bearing registration No. U.A. 08 -C -9564 came there in a high speed and dashed him due to which he died. Therefore the claimants preferred the claim petition for compensation.

(3.) THE driver and owner of offending Tractor filed written statement and alleged that the accident has occurred due to contributory negligence of the deceased. However, the tractor was insured with New India Assurance Company, therefore, the liability to pay the compensation is upon the shoulder of the insurance company.