NATIONAL INSURANCE COMPANY LTD Vs. MUSTAFA
LAWS(UTN)-2013-3-75
HIGH COURT OF UTTARAKHAND
Decided on March 01,2013

NATIONAL INSURANCE COMPANY LTD Appellant
VERSUS
MUSTAFA Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) THIS appeal, preferred u/s 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 20.07.2011 passed by the Motor Accident Claims Tribunal/ADJ/FTC -5, Dehradun in MAC Case No.248 of 2007, Mustafa and another vs. National Insurance Company Ltd. and others, whereby the claim petition has been allowed and the insurance company has been directed to pay Rs.2,24,500/ - as compensation along with interest @ 6% to the claimants.
(2.) BRIEF facts of the case are that on 6.10.2007 Anjum (now deceased) was going in Utility No. UP 11 T -0116 with the vegetables from Dehradun to Vikasnagar. At about 08:00 AM near Lakhadwad Village, the aforesaid vehicle fell into a ditch due to rash and negligent driving of its driver. The deceased and others sustained injuries due to which deceased Anjum died on the spot. According to the claimants, the deceased was 27 years of age. He used to do work of supplying vegetables and was getting 2 Rs.8,000/ - per month. The claimants filed claim petition for a sum of Rs.12,70,000/ -.
(3.) BEFORE the Tribunal, the claim petition was contested by the Insurance Company as well as by the owner -cum -driver of the vehicle. Insurance company filed the written statement and denied the averments made in the petition. It has been pleaded by the Insurance Company that the driver of the vehicle was not possessing valid driving licence and that the vehicle was being driven against the insurance policies, therefore, the insurance company cannot be held liable to pay the compensation. Opposite party no.2 also filed written statement paper no.25B and denied most of the averments made in the petition. He also denied the income of the deceased to be Rs.8,000/ - per month.;


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