- (1.) Since both these appeals arise out against the judgment and award dated 26.7.2006, passed by Motor Accident Claims Tribunal/District Judge, Chamoli in M.A.C.T. No. 70 of 2005, Smt. Nazima and Anr. v. United India Insurance Company, therefore, they are being decided by this common judgment.
(2.) Brief facts of the case giving rise to these appeals are that on 13.3.2004 deceased Arshad was going Karanprayag from Gauchar sitting as a pillion rider in motorcycle bearing registration No. U.A.-11-0303, belonging to his friend Vinod Rawat. When at about 4.15 p.m. they reached near Panch Pulia (Khadiyakhand), the motorcycle met with accident due to rash and negligent driving of its owner/driver Vinod Rawat and the vehicle fell in a deep ditch, due to which Arshad died at the spot. According to claimants at the time of accident the deceased Arshad was aged about 20 years and he was earning about Rs. 8,000 per month from shop business as well as from the work of contractor. The claimants are the parents of deceased. At the time of accident the motorcycle was insured with United India Insurance Company The claimants filed claim petition against the United India Insurance Company for compensation of Rs. Ten lacs.
(3.) The opposite party United India Insurance Company filed written statement and denied the allegations made in the claim petition. The insurance company also alleged that the motorcycle involved in the accident was not having valid registration, insurance cover and its driver was not having valid driving licence.;