NATIONAL INSURANCE COMPANY LTD Vs. RAVI BALA SHARMA

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 3.6.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 533 of 2005 filed by the claimant Respondent Nos. 1, 2 and 3 on account of the death of Pramod Kumar Sharma in an accident which took place on 17.12.2004 at about 1.35 P.M.

(2.) The case of the claimant Respondent Nos. 1,2 and 3 was that on 17.12.2004, the said Pramod Kumar Sharma was going to Muzaffar Nagar by Santro Car No. DL3AB5559; and that the said Pramod Kumar Sharma was driving the said Santro Car at moderate speed on his left side very carefully; and that when the said Pramod Kumar Sharma reached near village Bhainsi under the Police Station Khatauli at about 1.35 PM, a Matador bearing Registration No. UP12D4629, which was being driven by its driver in a rash and negligent manner and at high and excessive speed, came from Muzaffar Nagar side and hit the said Santro Car by coming on the wrong side, as a result of which, the said Santro Car was damaged and the said Pramod Kumar Sharma died on the spot. It was, interalia, further stated by the claimant Respondent Nos. 1,2 and 3 that the said Pramod Kumar Sharma was employed as General Manager in O.N.G.C., Dehradun, and he was getting salary of Rs. 54,324/per month; and that Vinod Kumar (Respondent No. 4 herein), who was the owner of the said Matador, and the Appellant Insurance Company, which was the insurer of the said Matador, were liable to pay compensation on account of the death of the said Pramod Kumar Sharma in the said accident. It may be mentioned that the claimant Respondent No. 1 is the widow of the said Pramod Kumar Sharma while the claimant Respondent No. 2 is the son and the claimant Respondent No. 3 is the daughter of the said Pramod Kumar Sharma.

(3.) The said Matador has hereinafter been also referred to as "the vehicle in question".