NASIR KHAN @ JUMMA & THREE OTHERS Vs. SURINDRA SINGH & THREE OTHERS
LAWS(UTN)-2013-3-183
HIGH COURT OF UTTARAKHAND
Decided on March 20,2013

Nasir Khan @ Jumma And Three Others Appellant
VERSUS
Surindra Singh And Three Others Respondents

JUDGEMENT

- (1.) This appeal, filed by the claimant for enhancement of compensation, is directed against the judgment and award dated 25.10.2008, passed by M.A.C.T./District Judge, Haridwar in M.A.C.T. No.70 of 2007 Nasir Khan @ Jumma and others vs. Surindra Singh and others, whereby the claim petition of the claimant has been partly allowed against the respondent no.2 The New India Insurance Company for a sum of Rs.17,000/- as compensation.
(2.) Briefly stated the facts of the case are that on 11.2.2007 claimant Nasir Khan was coming from Muzafarnagar to Manglore by his Truck bearing no.H.R.55A-1114. At about 06:30 am, when he reached near Kazi Petrol Pump a bus bearing no.UP13E-0767 coming from Haridwar side, being driven by its driver rashly and negligently, came on the wrong side of the road and dashed with his truck, as a result of which the claimant no.1 received severe injuries. It is alleged by the claimant/injured that he is 20 years of age and is driver and earns Rs.4,000/- per month.
(3.) The claim petition was contested by the opposite parties and the averments made in the claim petition have been denied. It is alleged by the opposite party no.2, The New India Insurance Company, insurer of the bus, that the alleged accident occurred because of own fault of the driver of the truck. Claimant no.1 was not possessing valid and effective driving licence on the date of accident.;


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