KM ROHINI (MINOR) Vs. BHARAT SINGH
HIGH COURT OF UTTARAKHAND
Km Rohini (Minor)
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B.S.VERMA, J. -
(1.) THIS appeal U/S 173 of Motor Vehicles Act 1988 has been preferred
against the judgment and award dated 27 -10 -2007 passed by Motor Accident
Claims Tribunal/Addl. District Judge/2nd F.T.C. Dehradun, dismissing the
claim petition filed U/S 163 -A of the Motor Vehicle Act 1988.
(2.) BRIEF fact of the case are that on 9 -12 -2003 at about 7 -30 p.m. Rakesh was travelling in Tata 407 UA -07/F -2401 on Ghanshali Motor
Marg. The vehicle met with an accident due to rash and negligence of its
driver and it fell down in the deep ditch of 300 meters due to which
deceased sustained grievous injuries and during his treatment he
succumbed to the injuries. The deceased at the time of accident was 34
years of age and his monthly income was Rs. 5,000/ - from agricultural
work. The claimant filed claim petition for compensation.
(3.) THE Opposite Party No.2 United Insurance Company filed written statement and denied the averments made in the claim petition. It was
alleged that the driver was not having valid driving license and the
vehicle was being driven against the terms of insurance policy.
The tribunal framed necessary issues in the claim petition. The claimant produced P.W.1 Ram Singh, P.W.2 Sundar Singh in oral
evidence and also filed copies of registration of vehicle, driving
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