NATIONAL INSURANCE COMPANY LTD Vs. VIRENDRA SINGH NEGI

JUDGEMENT

(1.) RAJESH Tandon, J. 1. This is insurer's appeal against the Award dated 23-2-2006, passed by the Motor Accident Claims Tribunal, Dehradun.

(2.) THE claimants Sri Virendra Singh Negi and Smt. Sushila Devi preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of com pensation on account of the death of their son Pradeep Singh Negi in a mo tor vehicle accident. According to the claimants on the fateful day on 1-4- 2004, deceased Pradeep Singh, who was employed in Garhwal Mandal Vikas Nigam as Mines Clerk was going towards Doiwala on foot. When he reached near Kunvawala, Truck No. U. P. 07d-2930, which was going in the same direction hit, deceased Pradeep Singh and crushed him under the wheels, who died instantaneously. According to the claim ants the deceased was getting Rs. 3,505/ - per month as salary. At the time of accident he was 23 years of age.

(3.) IN order to prove his case, the claimants have examined P. W. 1 Virendra Singh Negi, PW. 2 Jagdev Singh and P. W. 3 Nikhil Sharma. The claimants also filed copy of EI. R. last pay certifi cate of the deceased, High School cer tificate of the deceased and post mortem report. The opposite parties examined D. W. I Mangat Ram and D. W. 2 Rajendra Singh and filed copy of driv ing licence.