BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. HARISH CHANDRA PANDEY
LAWS(UTN)-2013-7-70
HIGH COURT OF UTTARAKHAND
Decided on July 04,2013

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Appellant
VERSUS
Harish Chandra Pandey Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) THIS appeal preferred under section 173 of Motor Vehicles Act, 1988, is directed against award dated 02.07.2005, passed by Motor Accident Claims Tribunal/Additional District Judge, Ist Fast Track Court, Haldwani, District Nainital, in Motor Accident Claim Case No. 145 of 2003 whereby the Tribunal has directed the appellant to pay Rs. 45,42,000/ - as compensation to the claimants/respondents No. 1 to 3.
(2.) HEARD learned counsel for the parties and perused the record.
(3.) BRIEF facts of the case are that on 03.04.2003 Mukul Pandey (deceased) alongwith two others namely Mamta Joshi (PW2) and G.C.Joshi was on his way from Haldwani to Nainital in Maruti car bearing Registration No. HR26Q/3627, when the car reached near Baldiya Khan due to the technical fault, it went out of control and fell down in a deep gorge. Mukul Pandey received grievous injuries and succumbed to his injuries in the hospital. The deceased was sports person and his earning from transport business was allegedly Rs. 30,000/ - per month. The claimants No. 1 and 2 Harish Chandra Padney and Hansa Pandey (present respondent No. 1 & 2) are parents of the deceased and claimant/respondent No. 3 Himanshu Pandey is the minor brother of the deceased. The claimants claimed Rs. 30,00,000/ - as amount of compensation from Bajaj Allianz General Insurance Company Ltd. (appellant) with whom the vehicle was insured at the time of the accident. The respondent No.4 Sunil Kumar was the owner of the vehicle. Respondent No. 4 Sunil Kumar filed his written statement and admitted the accident and that the same occurred due to the technical fault in the vehicle.;


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