NATIONAL INSURANCE COMPANY LIMITED Vs. RAM NIWAS

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 15.3.2011 passed by the Motor Accidents Claims Tribunal, Baghpat in Motor Accident Claim Case No. 25 of 2008 filed by the claimant-respondent Nos. 1 and 2 on account of the death of their daughter Kumari Bharti @ Arti in an accident which took place on 24th March, 2007 at about 6.00 P.M.

(2.) The case set-up in the Claim Petition was that on 24.3.2007, the claimant-respondent Nos. 1 and 2 alongwith their daughter, namely, the aforesaid Kumari Bharti @ Arti were going on the vehicle Tata 407 bearing Registration No. HR-21 GA-0128 (hereinafter also referred to as "the vehicle in question"); and that at about 6.00 P.M., the Driver of the vehicle in question driving the same under the influence of liquor and in a rash and negligent manner, overturned the vehicle in question as a result of which the aforesaid Kumari Bharti @ Arti was crushed under the vehicle in question and died while the claimant-respondent No. 2 sustained serious injuries.

(3.) The respondent No. 3 was the owner of the vehicle in question while the Appellant-Insurance Company was the insurer of the vehicle in question.