Decided on September 03,2012

SUMAN Appellant
RAFIQ AHMAD Respondents


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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