NATIONAL INSURANCE CO LTD Vs. ASIFA
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
NATIONAL INSURANCE CO LTD
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B.S.VERMA, J. -
(1.) THIS appeal, u/s 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 25.5.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge/F.T.C., Haldwani, District Nainital in M.A.C. Case No.111/2005, whereby the claim petition was allowed and the Insurance Company was directed to pay Rs.8,73,671/ - as compensation along with interest @ 9% to the claimants from the date of filing the claim petition till the actual payment. Out of the awarded amount, Rs.2,00,000/ - was directed to pay to the claimant no.2.
(2.) BRIEF facts of the case are that claimant -respondent no.1 is owner/insured of Indigo Car No.UA 04 B/2729. On 16.4.2005, her husband Ibney Hassan was driving the said car and was coming from Bhimtal to Haldwani. At about 10:00 PM, when the car reached at Chanda Devi, an animal came on the road and the vehicle become uncontrolled and fell down into a ditch. The driver of the car Ibney Hassan received fatal injuries and died. Claimant no.1 is wife and claimant no.2 is son of deceased. The claimants filed claim petition for a sum of Rs.20,00,000/ -.
The opposite party, National Insurance Company Ltd., filed its written statement denying the contents of the claim petition. In additional pleas, it has been stated that the alleged accident had taken place on account of rash and negligent driving of deceased himself. The deceased was also not having valid driving licence at the time of accident. Hence, the claim petition is liable to be dismissed.
(3.) THE learned tribunal, on the basis of pleadings of parties, framed following issues for consideration: -
i) Whether the deceased had died due to the injuries sustained by him in a car accident occurred on 16.04.2005 on 30.4.2005 at Chanda Devi near Bhimtal Road? ii) Whether the alleged accident had occurred due to own negligence of the deceased and whether the Insurance Company is not liable to pay compensation? iii) To what amount of compensation, if any, are the claimants entitled? ;
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