UNITED INDIA INSURANCE CO. LTD. Vs. ASHRAF HUSSAIN
LAWS(UTN)-2013-5-60
HIGH COURT OF UTTARAKHAND
Decided on May 24,2013

UNITED INDIA INSURANCE CO. LTD. Appellant
VERSUS
ASHRAF HUSSAIN Respondents

JUDGEMENT

- (1.) This appeal, U/s. 173 of Motor Vehicles Act, is directed against the judgment and award dated 30-1-2008, passed by M.A.C.T./Addl. District Judge/1st F.T.C. Haldwani in MACT Case No. 171 of 2004, whereby a sum of Rs. 31,49,516/- has been awarded as compensation against United India Insurance Company along with interest @ 7% per annum from the date of filing the claim petition till the date of actual payment.
(2.) Brief facts of the case giving rise to this appeal are that on 3-10-2003, at about 7-30 p.m. claimant Ashraf Hussain (since deceased) was going to his home on foot and when he reached near Bearshiva school on Nainital Road, a truck No. UP. 01-2753 dashed him from his backside. The driver of the truck was driving the truck rashly and negligently. The injured received grievous injuries. The injured was brought to Soban Singh Jeena Base Hospital Haldwani wherefrom he was referred to Krishna Hospital. Looking to precarious condition of Ashraf Hussain, he was referred by the doctor to Vimhans Hospital Delhi. The injured sustained injuries on his teeth, brain and legs. Iron rod was inserted in his legs. According to claimant a sum of Rs. 15,00,000/- was spent on his treatment. Due to injuries the injured had become permanently disable. According to petitioner the injured was posted as Assistant Manager in S.B.I. Haldwani and he was getting salary of Rs. 25,000/- per month. The claimant filed claim petition for a sum of Rs. 1,04,50,000/-.
(3.) The claim petition was contested by United Indian Insurance Company by filing its W.S. and alleged that the insurance company cannot be held liable to pay the compensation until it is established that the accident had occurred due to the rashness of the driver of the truck and the vehicle was having valid documents and the driver was also possessing valid driving license and the vehicle was being driven in terms of insurance policy.;


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