THE NEW INDIA ASSURANCE COMPANY LTD. Vs. SMT. SANGEETA SINGH AND OTHERS
HIGH COURT OF UTTARAKHAND
THE NEW INDIA ASSURANCE COMPANY LTD.
Smt. Sangeeta Singh And Others
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B.S. Verma, J. -
(1.) This appeal, U/S 173 of the Motor Vehicle Act, 1988, is directed against the judgment and award dated 20-04-2007 passed by MACT/District Judge, Udham Singh Nagar, in MACT Case N. 156 of 2005, whereby the claim petition was partly allowed against New India Assurance Company for a sum of Rs. 4,39,000/- along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment.
(2.) Brief facts of the case giving rise to this appeal are that on 26-11-2003 at about 8.00 p.m. deceased Sidheswar Prasad Singh was going to his home in village Bhagwanpur from Rudrapur riding on his Motorcycle bearing registration No. U.P. 02-2283. His brother Sanjay Yadav and Jagdishwar Prasad Singh, village Pradhan were also coming behind him on another motorcycle. When they reached near Katta Factory Danpur, driver of Truck No. U.G.P. 4552 suddenly backed the truck in a rash and negligent manner, and as the rear lights of the truck were off, deceased dashed with the rear side of the truck and sustained injuries. Sanjay Yadav and Jagdishwar Prasad Singh brought him to Hospital where he was declared dead by the doctors. According to claimants the deceased was 25 years of age and his annual income from agriculture, contract work and mini-rice plant was about 5-6 lakhs. The claimants Smt. Sangita Singh, widow and Harsh Kumar Singh, son of the deceased have filed the claim petition for compensation in lieu of death of Sidheswar Singh.
(3.) The opposite parties owner and driver of the truck filed their written statements and alleged that at the time of accident the driver was having valid driving license and the truck was insured with New India Assurance Company. It is alleged that the truck was standing at the place of occurrence and its rear lights were on, but the deceased himself dashed the truck in a rash and negligent manner and sustained injuries. The driver of the truck has not fault.;
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