DIWAN SINGH NEGI Vs. NATIONAL ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment/award dated 28.02.2007, passed by the Motor Accident Claims Tribunal / District Judge, Tehri Garhwal, in M.A.C.T. case no. 108 of 2006, Smt. Mohini Bisht Vs Diwan Singh Negi and another, whereby recoverable rights has been given to the Insurance Company to pay the compensation and thereafter recover the awarded amount which was awarded to the claimants from the present appellant (owner of the vehicle).

(2.) Brief facts of the case, are that on 08.01.2005, at 10:00 A.M., Nandan Singh Bisht, husband of Smt. Mohini Bisht (respondent no. 2 herein) and father of respondent nos. 3 to 6 herein was travelling in a Tata Spacio, bearing registration no. UA 09 / 4792. When said vehicle reached Mendkhal Tok of Village Tachhla, P.S. Narendra Nagar, it met with an accident due to rash and negligent driving on the part of the driver of the vehicle. Nandan Singh Bisht sustained injuries in the accident. Injured was taken to Govt. Hospital, Narendra Nagar from where he was referred to C.M.I. hospital, Dehradun. Since, there was no improvement in the condition of the injured, he was further referred to Safdarjang Hospital, New Delhi, where he breathed his last on 11.01.2005. It is alleged in the claim petition filed by the claimants-respondents that a total amount of Rs.50,000/- was incurred in the medical treatment of the deceased. The deceased was aged 56 years at the time of accident and was a government servant. He was the sole bread earner of the family. The claimants sought compensation to the tune of Rs. 8,88,384/. Diwan Singh Negi, owner of the vehicle and the National Insurance Company Ltd., with whom the vehicle was insured, was also made party to the claim petition.

(3.) O.P. no. 1 Diwan Singh Negi, filed his written statement and has denied most of the averments made in the claim petition, but the factum of accident was admitted to him. It is stated in the written statement that the driver was driving the vehicle properly and the accident took place due to mechanical failure. It is also stated that the owner has no liability to pay the compensation to the claimants and the liability, if any, is that of the insurance company.