UNITED INDIA INSURANCE CO LTD Vs. GANGA BISHT W/O LATE LAXMAN SINGH AND ORS
LAWS(UTN)-2013-5-95
HIGH COURT OF UTTARAKHAND
Decided on May 06,2013

UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
Ganga Bisht W/O Late Laxman Singh And Ors Respondents

JUDGEMENT

- (1.) These two appeals are directed against the judgment and award dated 6-2-2006, passed by Motor Accident Claim Tribunal/Addl. District Judge/ 2nd F.T.C., Nainital, in MACT Case No. 120/2003, whereby a sum of Rs. 12,90,000/- has been awarded to the claimant payable by Oriental Insurance Company and United Insurance Company equally.
(2.) Briefly stated the facts giving rise to these appeals are that on 26-7-2002 deceased Laxman Singh Bisht with his friends was going Delhi from Lucknow in Sentro Car No. U.P. 32-AB-5801 and when they reached near Thana Gate G.T. Road Megalganj District Khiri at about 8-20 a.m. a truck No. U.P. 21G/ 9305 coming from opposite direction, which was being driven rashly and negligently by its driver, dashed the car. In the accident Laxman Singh sustained grievous injuries. He was brought to Civil Hospital Sitapur where he was declared dead. In the accident the owner and driver of Sentro Car also succumbed to the injuries. It is further alleged by the claimants that deceased Laxman Singh was a doctor and he remained posted in B.D. Pandey Hospital Nainital and thereafter he was posted at State Vaccine Institute Patwadangar Nainital. The deceased took voluntary retirement and he was doing his private practice.
(3.) The Oriental Insurance Company insurer of Sentro car filed its W.S. and alleged that the accident had occurred due to rash and negligence of driver of the Truck and the insurance company has no liability to pay the compensation.;


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