RATNU Vs. BAJAJ ALLIANZ GEN. INSU. CO. LTD.

JUDGEMENT

(1.) The appeal in hand has been filed by the appellant against the award dtd. 20/7/2013 passed by the Motor Accident Claims Tribunal, Udhampur in case file No. 16/Claims titled "Ratnu vs. Bajaj Allianz General Insurance Company Ltd. and ors", dismissing the claim petition filed by the appellant.

(2.) Two claim petitions, one bearing File No. 15/Claims titled "Gori Shankar and ors. Vs. Bajaj Allianz General Insurance Company Ltd. and ors" and another File No. 16/Claims titled "Ratnu vs. Bajaj Allianz General Insurance Company Ltd. and ors" have been filed before the Motor Accident Claims Tribunal, Udhampur arising out of a road traffic accident which took place on 1/2/2007. The case file No. 15/Claims was allowed and the case file No. 16/Claims was dismissed by the Tribunal.

(3.) The brief facts of the case is that one Parveen Kumar and Ratnu alias Tuttu, appellant herein along with others were travelling in a vehicle bearing registration No. JK14A/6272 from Village Sunetar towards Ramnagar. The said vehicle was being driven by one Daulat Singh-respondent No. 3 in a rash and negligent manner, as a result of which it met with an accident near Mora Daudla of Village Sunetar, Tehsil Ramnagar, resulting in death of Parveen Kumar and injuries to appellant herein along with other passengers travelling in the said vehicle. The deceased was a driver by profession having monthly earning of Rs.6,000.00whereas the appellant herein was working as a labourer with monthly income of Rs.6,000.00. An FIR No. 08/2007 under Ss. 279/337/388/304-A RPC was registered in respect of the said accident with the Police Station.