LEELA DEVI Vs. DIWAN SINGH
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
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(1.) This appeal, u/s. 173 of the Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 17.7.2006 passed by the Motor Accident Claims Tribunal/District Judge, Chamoli in M.A.C.P. Case No. 51 of 2005, whereby the claim petition has been partly allowed and the respondent Nos. 1, 2 and 4 were directed to pay Rs. 87,000/- as compensation along with interest @ 5% to the claimants from the date of filing the claim petition till the actual payment.
(2.) Brief facts of the case are that on 30.4.2005 deceased Prakash Chandra was going in Mahindra Jeep bearing No. UP-01927 from Ghat Bazaar to his Village Jokhna. The aforesaid vehicle met with accident at 01:15 P.M. due to rash and negligence driving due to which the deceased sustained injuries and died on the spot. The deceased was 20 years of age. He was a confectioner and was also doing agriculture work and from this he was earning Rs. 5,000/- per month. The claimant filed claim petition for a sum of Rs. 8,45,000/-.
(3.) The opposite party Nos. 1 and 2 filed a joint written statement and admitted the accident. It has been averred by them that at time of accident, respondent No. 4 and 5 were the registered owner of the vehicle.;
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