LAWS(HPH)-2008-8-10

SURENDER SINGH Vs. JAI MANTI DEVI

Decided On August 04, 2008
SURENDER SINGH Appellant
V/S
JAI MANTI DEVI Respondents

JUDGEMENT

(1.) Sanjay Karol, J.The present appeal by the Motor Accidents Claims Tribunal- arises out of award dated 2.8.2004, passed I, Sirmaur District at Nahan, in M.A.C. liabilityHeld: no.(Paras 11, 19) Petition No. 90-MAC/2 of 2003, titled as Jai Manti Devi v. Surender Singh.

(2.) On 20.7.2003, motor vehicle No. HP 16-1657 met with an accident near Kheri Maryog, Baru Sahib Road, Tehsil Nahan, District Sirmaur, H.P. in which Des Raj, owner of the goods and Kamal Raj, driver of the vehicle died. The legal heirs of the deceased Des Raj instituted claim petition under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') seeking compensation of a sum of Rs. 20,00,000.

(3.) The owner Surender Singh opposed the petition by filing his written statement, inter alia, pleading that vehicle in question was insured with United India Insurance Co. Ltd. (hereinafter referred to as 'the insurance company') and the driver, who unfortunately also died in the said accident, was having a valid driving licence.