Decided on May 20,2013

DHANI RAM Appellant
National Insurance Co. Ltd. and Ors. Respondents


B.S. Verma, J. - (1.) HEARD . This appeal preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 13th July, 2009, passed by Motor Accident Claims Tribunal/District Judge, Pithoragarh in M.A.C.P. case No. 65 of 2007, whereby said Court has directed the appellant to pay Rs. 3,69,500 as compensation to the claimants/respondents.
(2.) BRIEF facts, of the case are that on 19th. February, 2007 Bahadur Singh (deceased) was on his way to his home on his motor cycle bearing registration No. UA 06/8950. At about 1.00 p.m., when he reached Kothera, a canter bearing registration No. UA 04D/1358, which was being driven rashly and negligently by its driver coming towards Gangolihat. On seeing its uncontrollable speed Bahadur (deceased) has parked his motorcycle on left side of road but due to rash and negligent driving of the driver he dashed the motorcycle. In the accident Bahadur suffered injuries and was taken to hospital by Sector Magistrate, and succumbed to the injuries. The claim petition was contested by the respondents. The owner of the vehicle has stated that on the day of incident driver of the truck was having a valid driving license and he was driving the vehicle with normal speed. He has further pleaded that due to negligence and high speed of motorcycle deceased (Bahadur) met to accident. He has further stated that on the day of incident he had valid and lawful contract of insurance of the vehicle and the Insurance Company is responsible for the payment of the amount.
(3.) THE learned Tribunal has held that the truck was not insured on the date of accident and liability to pay compensation has been fastened on appellant owner of vehicle. The only question is to be decided in this appeal whether vehicle was insured with the Insurance Company and all the papers of canter bearing registration No. UA 04/D 1358 was valid? If so its effect?;

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