B.S.VERMA, J. - (1.) THIS appeal, U/S 173 of the Motor Vehicle Act, has been preferred against the judgment and award dated 9-10-2007, passed by Motor Accident Claim Tribunal/Additional District Judge/F.T.C.-I, Haldwani, District Nainital, in MACT Case No. 181 of 2005, Pankaj Singh Vs. Smt. Devki Devi and others, whereby a sum of Rs. 2,16,340/- is awarded as compensation to the claimant along with interest @ 7% per annum from the date of filing the claim petition till the date of actual payment, payable by Oriental Insurance Company.
(2.) BRIEF facts giving rise to this appeal are that on 24-6-2005, at about 4-00 p.m. claimant Pankaj Singh was going to his home on foot. When he reached near Panchayatghar Phoolchaur, Haldwani at Rampur road, driver of Tractor No. U.P. 02-D/6796 was driving the Tractor in a rash and negligent manner on the road. Suddenly a cow came in front of the Tractor and its driver lost his control over the Tractor and hit the claimant due to which the claimant sustained grievous injuries. He was carried to Soban Singh Jeena Hospital where he was referred to Ram Manohar Lohiya Hospital. The claimant filed claim petition for a sum of Rs. 13,35,000/- as compensation under the provision of Section 166 of the Motor Vehicle Act. The opposite party No.1, owner of the Tractor U.P. 02-D/6796 admitted the accident, but alleged that suddenly a cow came in front of the tractor and the driver had to apply the brake, due to which Tractor slipped on the road and accident occurred. He further alleged that the driver was insured with Oriental Insurance Company during the period 12-1-2005 to 11-1-2006 and the driver was possessing valid driving license.
(3.) THE opposite party No.2, Oriental Insurance Company contested the claim petition by filing written statement and alleged that the liability of the insurer to pay compensation can be fixed when it is proved that the offending vehicle had valid registration, fitness, road tax, permit and insurance policy and its driver was having valid driving license. The insurance company denied its liability to pay any compensation. The opposite party No.3 driver of the Tractor also reiterated the assertion of the owner made in his written statement and alleged that suddenly a cow came on the road and when he tried to save the cow, Tractor over-turned and the person standing by the side of the road sustained grievous injuries. He also alleged that he was driving the Tractor cautiously and he was possessing valid driving license.;