UNITED INDIA INSURANCE COMPANY LTD Vs. NEEMA PARIHAR

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed by the insurer of vehicle No. HR66/0523 against the judgment and award dated 16.02.2006 passed by M.A.C.T./District Judge, Bageshwar in Motor Accident Claim Tribunal Case No. 5 of 2005, Smt. Neema Parihar and Ors. v. Prem Prakash Sharda and Ors..

(2.) BRIEF facts of the case are that on 06.08.2004 at about 02.00 P.M. when the deceased - Umed Singh was going in a vehicle belonging to the Indian Army from Bhatinda to Suratgarh and when the said vehicle reached at Chotaula, Tehsil Dabwali, District Sirsa, Haryana, a truck bearing registration No. HR66/0523 coming from the opposite direction in a rash and negligent manner hit the vehicle belonging to Indian Army. On account of this accident Umed Singh sustained grievous injuries and he died. The age of Umed Singh at the time of the accident is alleged as 30 years in the claim petition and he was drawing salary of Rs. 6,787/ - per month. The claimants on account of the death of Umed Singh, thus, filed the claim petition before the Tribunal.

(3.) THE Union of India was subsequently arrayed in the claim petition as opposite party No. 4 vide court's order dated 23.07.2005. The number of Indian Army vehicle No. 03D154187 -A was incorporated in the paragraph 15 of the claim petition through amendment, but the Union of India has not filed any written statement before the Tribunal. The Tribunal after having perused the pleadings adduced by the parties framed following issues: