ORIENTAL INSURANCE CO. LTD. Vs. MALOOK SINGH
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
ORIENTAL INSURANCE CO. LTD.
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(1.) This appeal is directed against the judgment and award dated 13.03.2012, passed by A.D.J./First Fast Track Court, Rudrapur, District Udham Singh Nagar in MACP No. 162 of 2010 Malook Singh Versus Darshan Singh and others, whereby the claim petition of the claimant has been partly allowed against the Oriental Insurance Company (the appellant herein) for a sum of Rs.2,79,000/- along with interest @ 6% per annum from the date of filing of the claim petition till the actual payment is made. Out of the amount awarded, Rs.1,50,000/- has been directed to be kept in a F.D.R. in some nationalised bank.
(2.) Briefly stated the facts of the case are that on 24.11.2009 at about 9:00 AM when Smt. Jagir Kaur was travelling by Tata Sumo No.DL4C/F 9703, a bus bearing no.UA04C-1361 which was being driven rashly and negligently by its driver came from the opposite direction and dashed with the Tata Sumo causing severe injuries to Smt. Jagir Kaur who succumbed to the same en-route to the hospital. The claimant thus claimed a sum of Rs.5,00,000/- as compensation.
(3.) Opposite party nos.1 and 2, i.e., owner and driver of the bus, respectively, did not appear before the court below nor filed any written statement and therefore the case was proceeded ex parte against them.;
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