ORIENTAL INSURANCE COMPANY LIMITED AND ORS Vs. ABDUL KAREEM F/O LATE AFSAL ALI; KASMA BE W/O LATE AFSAR ALI; ARSAD ALI (MINOR) S/O LATE AFSAR ALI AND ORS
HIGH COURT OF UTTARAKHAND
ORIENTAL INSURANCE COMPANY LIMITED AND ORS
Abdul Kareem F/O Late Afsal Ali; Kasma Be W/O Late Afsar Ali; Arsad Ali (Minor) S/O Late Afsar Ali And Ors
Click here to view full judgement.
(1.) Both these appeals are directed against award dated
11.10.2011, passed by Motor Accident Claims
Tribunal/Additional District Judge/2nd Fast Track Court,
Nainital, in Motor Accident Claim Case No. 230 of 2008,
whereby the Tribunal has awarded Rs. 4,45,000/- as amount of
compensation to the claimants. Insurer has filed appeal for
setting aside the award against it. And claimants have filed
their appeal for enhancement of amount of compensation
(2.) Heard learned counsel for the parties, and perused
the record of the Tribunal.
(3.) Brief facts of the case are that on 03.07.2008, at
about 6.30 p.m. Afsar Ali (deceased) was going on his
motorcycle from Rudrapur to Gadarpur. On his way, near
Dineshpur Bend he was hit by a truck bearing Registration No.
HR04N-1023, which was being driven rashly and negligently
by its driver Vinod Kumar (DW2). Afsar Ali died at the spot.
A First Information Report of the accident was lodged at
Police Station Gadarpur, on the basis of which, Crime No. 91
of 2008, was registered and after investigation, charge sheet
(copy paper No. 6C/3 was filed against the accused Vinod
Kumar (DW2) for his trial in respect of offences punishable
under Section 279 and 304A I.P.C. Claimant No.1 Abdul
Kareem is father of the deceased and claimant No.2 Kasma Be
is widow of the deceased. Other four claimants namely Arshad
Ali, Arish Ali, Muskan and Rehman are minor children of the
deceased. They filed claim petition before the Motor Accident
Claims Tribunal, Nainital, under Section 166 of Motor
Vehicles Act, 1988, for Rs. 30,00,000/- as compensation.;
Copyright © Regent Computronics Pvt.Ltd.