NEW INDIA ASSURANCE COMPANY LTD. Vs. SUDAMA RAM & ORS.
LAWS(UTN)-2013-10-54
HIGH COURT OF UTTARAKHAND
Decided on October 23,2013

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
Sudama Ram And Ors. Respondents

JUDGEMENT

B.S. Verma, J. - (1.) This appeal, preferred under section 173 of Motor Vehicle Act, 1988, is directed against the judgment and award dated 18.12.2007, passed by Motor Accident Claims Tribunal, in Motor Accident Claim Case No. 09 of 2007, Sudama Ram & others v. Sunder Lal Badoni & others, whereby the tribunal has awarded INR 4,08,000/- as amount of compensation to the claimants.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Brief facts of the case, are that Budhi Lal (aged 22 years) son of the claimants was helper in the truck bearing registration no. U.A. 10.4748. On 01.08.2006, at about 17:30 hrs., in Uttarkashi-Rishikesh by pass road, when the truck reached Nalupani, the truck got uncontrolled due to negligence and rash driving of the driver and fell in the gorge due to which Budhi Lal died on the spot. Budhi Lal (deceased) was the only earning member in his family and earned INR 3,000/- per month. The claimants claimed compensation amounting INR 18,02,000/-.;


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