ORIENTAL INSURANCE CO LTD Vs. BABITA DEVI
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
ORIENTAL INSURANCE CO LTD
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(1.) This appeal, u/s 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 07.07.2012 passed by District Judge/Motor Accident Claim Tribunal, Pauri Garhwal, in M.A.C. No.02 of 2011, whereby the claim petition has been allowed and the appellant/Oriental Insurance Company has been directed to pay a sum of Rs.4,25,000/- as compensation to the claimants along with interest @ 7% per annum from the date of filing the claim petition till the actual payment is made.
(2.) Brief facts of the case, giving rise to this appeal, are that on 17.6.2010 at about 11:30 PM within village Naugaon Patti Maundarsyun a Max Pickpup no.UK 12 CA/0106 met with an accident which was being driven at the time of accident by the deceased Dheeraj Singh. It was alleged that the accident occurred due to technical snag in the vehicle. At the time of his death, the deceased was 34 years of age and used to earn Rs.5,000/- per month by driving. The claimants thus claimed a sum of Rs.27,50,000, as compensation.
(3.) The claim petition was contested by the insured/owner of the vehicle by filing a written statement in which it was categorically stated that the vehicle was not being driven rashly and negligently by the deceased. It was also contended that the relevant papers of the vehicle were up to date and legally valid.;
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