ORIENTAL INSURANCE CO LTD Vs. SHIVPURI DEVI

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/ Award dated 16.04.2010 passed by the Motor Accidents Claims Tribunal, Baghpat in Motor Accident Claim Case No. 136 of 2008 filed by the claimant Respondent Nos. 1 to 6 on account of the death of Durga Nand Chaurasiya in an accident which took place in the intervening night of 29/30th July, 2008 at about 3.30 A.M.

(2.) The case of the claimant Respondent Nos. 1 to 6 was that on 22nd July, 2008, the said Durga Nand Chaurasiya (husband of the claimant Respondent No. 1, father of the claimant? Respondent Nos. 2 to 4 and the son of the claimant Respondent nos. 5 and 6) had gone from Delhi to Haridwar on foot having taken "Kawand"; and that in the intervening night of 29/30th July, 2008, the said Durga Nand Chaurasiya along with other person was returning from Pura Mahadev temple to Delhi on a Jugad ; and that when the said Jugad reached village Poothi, Police Station?Binauli near border of the District?Baghpat at about 3.30 A.M., a Bus bearing Registration No. UA?07?H?9059 belonging to Uttarakhand State Road Transport Corporation coming from the opposite direction and being driven by its Driver rashly and negligently, hit the said Jugad, and as a result of which, the said Durga Nand Chaurasiya sitting in the said Jugad was seriously injured, and he was taken to the Primary Health Center, Baraut in injured condition, and he died at the said Primary Health Center.

(3.) It was, inter?alia, further stated on behalf of the claimant Respondent Nos. 1 to 6 that the said Durga Nand Chaurasiya used to do business of Vegetables and Fruits where?from he used to earn Rs. 7,500/- per month, and with the said income he used to maintain his family.