Decided on September 07,2007

Oriental Insurance Company Ltd. Through Its Divisional Manager Appellant
Panu Devi Respondents


Rajesh Tandon, J. - (1.)HEARD Shri D.S. Patni, Counsel for the appellant. Shri B.S. Negi, Counsel for the respondent. This is insurer's appeal.
(2.)BY the present appeal, filed under section 173 of Motor Vehicles Act, 1988, the appellant has prayed for setting aside the judgment and award dated 26.4.2004 passed by the Motor Accident Claims Tribunal, Uttarkashi in M.A.C.P. No. 16 of 2003.
Briefly stated, a motor accident claim petition No. 16 of 2003 was filed under section 166 of Motor Vehicles Act for compensation on account of death of her son, namely, Manoj (hereinafter referred as 'the deceased'). According to the claimant, on 14.5.2003 the deceased was going to Vikash Nagar from Naugaon along with his father by utility No. U.A. 07 -9439. The driver of the vehicle was driving the vehicle rashly and negligently as a result of which the vehicle fell down into Sarigad Khud between Sarigad and Chami. As a result of the said accident, the deceased received fatal injuries and died on spot. It has been stated that the deceased was aged about 18 years at the time of accident. He was a skilled carpenter and was earning a sum of Rs. 5,000/ - per month, out of which he was using to contribute a sum of Rs. 3,333/ - towards the needs of his family. The claimant has deprived of the love and affection of the deceased and she, has suffered mental agony and monetary loss. The claimant has claimed a sum of Rs. 26,85,000/ -.

(3.)THE owner and driver of the vehicle in question filed a written statement admitting therein the occurrence of the accident. It has been denied that the deceased was travelling by the vehicle in question and had died due to said accident. The accident had taken place due to technical fault in the vehicle. The driver was driving the vehicle carefully. At the place of accident, there was bend as well as elevation and the accident had taken place due to looking up of the steering of the vehicle. The claimant is not entitled to get any compensation. It has been submitted that the vehicle in question was insured with the Oriental Insurance Company Limited from 12.6.2002 to 11.6.2003. The Oriental Insurance Company Ltd. is liable to indemnify the compensation, if any. The driver in question was having the valid and effective driving license.

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