NATIONAL INSURANCE COMPANY LTD Vs. MUSTAFA
HIGH COURT OF UTTARAKHAND
NATIONAL INSURANCE COMPANY LTD
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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
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
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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