UNION OF INDIA AND ORS Vs. MUNNI DEVI W/O LATE NAVEEN CHANDRA GARWAL AND OTHERS
HIGH COURT OF UTTARAKHAND
Union Of India And Ors
Munni Devi W/O Late Naveen Chandra Garwal And Others
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(1.) This appeal, U/S 170 of Motor Vehicle Act, is directed against the judgment and award dated 12-7-2013, passed by MACT/Addl. District Judge, Nainital in MACP Case No. 54/2010 Smt. Munni Devi and others vs. Union of India and others, whereby a sum of Rs. 14,20,000/- has been awarded compensation to the claimants along with interest @ 6% per annum from the date of filing of claim petition till the date of actual payment.
(2.) Brief facts of the case giving rise to this appeal are that on 6.9.2009 at about 7-8 P.M. deceased Naveen Chandra Garwal was going to Halduchaud Petrol Pump to fill up petrol in his motorcycle and when he reached near the Petrol Pump, vehicle No. C.H.-04-C.T.-1151 belonging to I.T.B.P. Police came there in a rash and negligent manner and dashed the motorcycle due to which Naveen Chandra Garwal sustained grievous injuries on his head and other parts of body and he succumbed to the injures on 8-9-2009 in Krishna Nursing Home Haldwani where he was brought for treatment. At the time of his death the deceased was 48 years of age and he was posted in Tube-well Department Haldwani and was getting a sum of Rs. 12,000/- per month salary.
(3.) The opposite party Nos. 1 and 2, appellants- Union of India and Director General of Police I.T.B.P. filed W.S. and denied the averments made in the claim petition and alleged that the accident had occurred due to own negligence of the deceased as he was in drunken state and was driving the motorcycle against the traffic rules.;
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