NEW INDIA ASSURANCE CO LTD Vs. JARIFAN
HIGH COURT OF UTTARAKHAND
NEW INDIA ASSURANCE CO LTD
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B.S.VERMA, J. -
(1.) (Money Withdrawal Application No.10190 of 2012)
Heard learned counsel for the appellant and perused the record.
(2.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated
29 -9 -2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Roorkee, district Haridwar (for short the Tribunal), in
Motor Accident Claim Petition No. 95 of 2011, Smt. Zarifan Vs. Anil Kumar
and others, whereby the learned Tribunal has decreed the claim petition
for compensation of Rs. 2,26,000/ - as against the insurance
company -appellant along with interest @ 6% per annum from the date of
filing of claim petition, i.e. 9 -5 -2011.
(3.) BRIEF facts giving rise to the present appeal are that the claimant -respondent no. 1 filed a claim petition under Section 163A of
the Act before the Tribunal for compensation in respect of death of her
son Akbar Ali (deceased) to the tune of Rs. 17,10,000/ - in a motor
vehicle accident, which occurred on 9 -3 -2011 involving Truck No. UP
08 -3032. It has been alleged in the claim petition that on 9 -3 -2011, the deceased was going on motor cycle with his relative Shan Ali from
Manglaur to Roorkee, which was being driven at moderate speed on left
side. When they reached near Mission Inter College, the offending truck
hit the motor -cycle with the result that the deceased as well as his
companion suffered fatal injuries and died on the spot. The deceased was
a bachelor and healthy person aged about 22 years. The accident is
attributed to the negligence of the driver of the offending truck.
The claim petition was resisted by the opposite parties -owner and driver of the vehicle by filing their written statement. It was
asserted that the owner and insurer of the motorcycle have not been
impleaded as party to the proceeding, therefore, the claim petition is
bad for non -joinder of necessary party. It was also asserted that the
accident in question had occurred due to the own negligence of the
motorcyclist, who could not control the motorcycle. The offending truck
was insured with the insurance company -appellant and the owner of the
vehicle was having all valid documents including the valid driving
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