HIGH COURT OF UTTARAKHAND
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B.S.VERMA, J. -
(1.) THIS appeal, u/s 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 01.03.2011 passed by the Motor
Accident Claim Tribunal/Additional District Judge, Haridwar in M.A.C.
Case No.81/2009, whereby the claim petition has been partly allowed and
the respondent no.2 Oriental Insurance Company has been directed to pay
Rs.3,20,000/ - as compensation along with interest @ 6% per annum from the
date of filing of claim petition till the actual payment is made.
(2.) BRIEF facts of the case, giving rise to this appeal, are that on 17.6.2009 at about 6:30 PM Amit @ Vickky (deceased) was going in his
Indica Car bearing no.HR0069377 from Ramnagar to Roorkee. When he reached
near Milti Crossing, a truck coming from the front side, being driven by
its driver rashly and negligently, collided with his car causing grievous
injuries to the deceased resulting his death. The claimants have alleged
that the deceased was a driver and from this he was earning Rs.7,000/ -
per month. The claimants thus 2 claimed a sum of Rs.19,20,000/ - along
with interest @ 12% per annum, as compensation.
(3.) THE opposite party no.1, owner of the truck, filed his written statement denying the contents of the claim petition. In additional
pleas, it has been stated that the alleged accident has occurred due to
rash and negligent driving of the deceased. Thus, the claim petition is
liable to be dismissed against him.
The opposite party no.2, Oriental Insurance Company, also filed its written statement denying the contents of the claim petition.
In additional pleas, it has been stated that at the time of accident the
deceased was not possessing valid driving licence and the vehicle was
being driven against the terms and conditions of the Act.;
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