KEDAR NATH Vs. MUZAFFAR ALI KHAN
HIGH COURT OF UTTARAKHAND
MUZAFFAR ALI KHAN
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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
(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
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