HIGH COURT OF UTTARAKHAND
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B.S.VERMA, J. -
(1.) HEARD learned counsel for the appellants as well as learned
counsel for the Insurance Company -respondent no.3 and perused the record.
(2.) THIS is claimants appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment
and award dated 14 -5 -2009 passed by the Motor Accident Claims
Tribunal/Additional District Judge, Kashipur, District Udham Singh Nagar
(for short the Tribunal) in Motor Accident Claim Petition No. 111 of
2008, Smt. Suman and others Vs. Rafiq Ahmad and others, whereby the claim petition filed by the claimants has been decreed for compensation of Rs.
2,71,000/ - along with simple interest @ 9% per annum payable by the Insurance Company -respondent no.2, as mentioned in the impugned award.
(3.) BRIEF facts giving rise to the present appeal are that Mahendra Chaudhary (deceased), husband of the claimant no.1, lost his
life in a motor accident which occurred on 28 -1 -2008 at 5 p.m., near the
culvert (Puliya) of Wishwakarma Paper Mill involving Truck No. UP 80
AQ/9043, which was being driven rashly and negligently by its driver. The
deceased at the relevant time was riding a cycle. As a result of injuries
suffered in the accident, the deceased died on the spot. A report of the
accident was lodged with police outpost Kundeshwari, P.S. Kashipur
against the driver of the truck. The post -mortem of the dead body was
conducted in Government Hospital, Kashipur. The deceased was a healthy
person aged 39 years and was employed as Cleaner earning Rs. 4,500/ - per
month. He was also earning Rs. 3,500/ - from the agriculture and was used
to contribute the same towards his family. The deceased was the only
bread -earner in the family. The claimants have claimed a sum of Rs.
20,00,000/ - as compensation for the death of the deceased against the owner and insurer of the offending vehicle.
The owner of the offending truck filed his written statement (paper no.1 3Kha) and contested the claim petition. It has been asserted
that the owner was possessing all valid documents of the vehicle at the
time of accident and that the truck was being driven by its driver Mohd.
Saleem on thefateful day and that he was having a valid and effective
driving licence. The truck in question was duly insured with the National
Insurance Company at the time of accident. The liability to pay the
compensation, if any, rests upon the insurer.;
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