JAGDESHWARI DEVI Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) The present Appeal from Order has been preferred by the claimants questioning the veracity of the Award rendered by the Motor Accident Claims Tribunal/7th Additional District Judge, Dehradun in M.A.C.T. case No 20 of 2014, 'Smt. Jagdeshwari Devi and others Vs. Oriental Insurance Company Ltd'.

(2.) The brief facts which are essential required to be considered for adjudicating this Appeal from Order which has been preferred under Sec. 173 of the Motor Vehicle Act, 1988 is that the deceased Mr. Chandra Mohan, who was travelling in his Nano Car bearing registration No. UK09A 2269 had met with an accident on 29/11/2012, as consequence thereto, the car-in-question fell into the gorge and it is resulted into the death of late Chandra Mohan.

(3.) As per pleadings which were raised before MACT in the claim petition that an accident occurred on account of their being collusion with another unknown car which hit the car of the husband of the deceased and on account of that accident the Car fell into gorge and hence they have contained that since at the time of accident occurred her husband was working as a painter and was having an income of Rs.10,000.00 per month and thus they have claimed for the payment of the damages to the tune of Rs.56,20,000.00 along with the interest of 9% from the date of the application. The said claim petition was opposed by the insurance company on the ground that the claim petition deserves to be rejected because the owner of the vehicle which was involved in the accident was not made as a party to the claim petition and the claim deserves to be rejected in view of the provisions contained under Sec. 149(2) of the Motor Vehicles Act.