KEDAR NATH Vs. MUZAFFAR ALI KHAN
LAWS(UTN)-2013-6-98
HIGH COURT OF UTTARAKHAND
Decided on June 18,2013

KEDAR NATH Appellant
VERSUS
MUZAFFAR ALI KHAN Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) THIS appeal, U/S 173 of Motor Vehicle Act, is directed against the judgment and award dated 17.03.2010, passed by Addl. District Judge/3rd F.T.C./ M.A.C.T. Udham Singh Nagar, in M.A.C.T. Case No. 96 of 2008, whereby a sum of Rs. 1,67,500/ - has been awarded to the claimants against opposite party no.3 the New India Insurance Company Ltd along with interest @ 7% per annum from the date of filing the claim petition till the date of actual payment.
(2.) THE facts of the case, in short, are that on 26.1.2008 Suman and Neetu had gone to Kali Temple by a Cycle. Mor Pal was also with them. When at 1.00 p.m. they were returning to their home and were at bye -pass road near Sani Temple, truck No. U.P. 25 -T -6816 came there in a rash and negligent manner and dashed with the cycle, due to which Suman fell down towards left side and Neetu was crushed by the truck and she died at the spot.
(3.) THE claimants, parents of deceased Neetu filed the claim petition. The claim was contested by opposite party No.1 Muzaffar Ali Khan, opposite party No.2 Kaushar Khan, owner and driver of the truck and they alleged that the truck was insured with New India Insurance Company and the driver had valid driving license. The opposite party No.3, the New India Insurance Company also filed its W.S. and alleged that the accident had occurred due to the negligence of truck driver and the insurance company is not liable to pay any compensation.;


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