LAXMI DEVI Vs. MANAGER UNITED INDIA INSURANCE CO LTD
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Manager United India Insurance Co Ltd
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(1.) This appeal, preferred u/s 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 22.09.2006 passed by M.A.C.T./District Judge, Tehri Garhwal in M.A.C. No.27 of 2005, Smt. Laxmi Devi and others vs. Manager United India Insurance Company & another, whereby the claim petition has been rejected.
(2.) Brief facts of the case are that on 11.8.2004 deceased Sahab Singh was going in Mahindra Pickup bearing no.WB 37-5756 to do work in company. The aforesaid vehicle met with an accident due to rash and negligent driving by its driver resulting death of Sahab Singh. The deceased was 31 years of age. He was working in a company and also used to do agriculture work and from that he was earning Rs.3,000/- per month.
(3.) Appellant no.1 is wife, appellant no.2 is mother and appellant nos.3, 4 and 5 are sons of the deceased. In the claim petition, the claimants have admitted that the owner of the vehicle has paid Rs.1,00,000/- lacs + Rs.3,000/- as funeral expenses to the claimants. The claimants filed claim petition for a sum of Rs.18,64,000/- as compensation against the Insurance Company. The opposite party no.1, Insurance Company, filed its written statement and alleged that the claim petition is not maintainable as the compensation has been paid to the claimants by the owner of the vehicle. Besides this, the Insurance Company has also alleged that the vehicle was being driven against the conditions of insurance policy and that other documents like registration, permit, insurance policy were invalid at the time of accident and the claim petition is liable to be dismissed.;
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