KANWAL SINGH Vs. IKRAM
LAWS(UTN)-2013-3-77
HIGH COURT OF UTTARAKHAND
Decided on March 14,2013

KANWAL SINGH Appellant
VERSUS
Ikram Respondents

JUDGEMENT

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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