SMT. SAKLA DEVI Vs. UNITED INDIA INSURANCE COMPANY LTD. THROUGH ITS DIVISIONAL MANAGER AND ANOTHER
LAWS(UTN)-2007-12-49
HIGH COURT OF UTTARAKHAND
Decided on December 13,2007

Smt. Sakla Devi Appellant
VERSUS
United India Insurance Company Ltd. Through Its Divisional Manager And Another Respondents


Referred Judgements :-

MANAGING DIRECTOR TNSTC VS. SRIPRIYA [REFERRED TO]


JUDGEMENT

Rajesh Tandon, J. - (1.)Heard Sri H.M. Bhatia, Counsel for the appellant. This is an appeal filed by the claimant for enhancement of the award. By the present A.O. filed under Sec. 173 of the Motor Vehicles Act, 1988, appellant has prayed for enhancement of the award dated 10.8.2005 passed by Motor Accident Claims Tribunal/District Judge, Tehri Garhwal in Motor Accident Claim Petition No. 44 of 2001 Smt. Sakla Devi v/s. Bijendra Singh and another, whereby the claimant/appellant has been awarded a sum of Rs. 1,78,000/ - towards compensation.
(2.)Briefly stated, a claim petition was filed by the claimant/appellant being Motor Accident Claim Petition No. 44 of 2001 Smt. Sakla Devi v/s. Bijendra Singh and another claiming a sum of Rs. 3,20,000 towards compensation.
(3.)According to the claimant, on 3.2.2001, when Km. Rajni (hereinafter referred to as the deceased) was travelling in Commander Jeep No. U.P. 9 -6126 (hereinafter referred to as the Jeep in question), due to rash and negligent driving of the driver of the Jeep in question, the jeep became disbalanced and fell down into 300 to 400 metres deep ditch. The deceased died on the spot.
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