- (1.) RAJESH Tandon, J. 1. This is insurer's appeal against the Award dated 25-9-2004, passed by the Motor Accident Claims Tribunal, Dehradun.
(2.) THE claimants Smt. Sarojini Garg and another preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Raj Ratan Garg in a motor vehicle accident. According to the claimants on the fateful day on 31-10-2001, the deceased was going from Dehradun to Rishikesh for the ring ceremony of his son by Maruti Car No. DL 1c B 7408. THE car was being driven by Dr. Y. S. Malik rashly and neg ligently, with the result when the vehicle reached near Mani-Mai, near Lachhiwala bridge the driver lost control over the vehicle and it dashed against a tree. THE deceased sustained multiple injuries. He was taken to the C. M. I Dehradun, where he succumbed to his injuries on 2-11-2001. Opposite parties 1 Col. R. S. Malik has admitted the facts of the ac cident and has submitted that the driver of the vehicle has valid driving licence. The insurance company, appel lant has admitted the insurance of the car but it has been denied that the ac cident had taken place due to negligence of driver of the offending vehicle. It has been denied that the income of the de ceased was Rs. 10,000/- per month.
(3.) OPPOSITE parties no. 3, 4, 5 and 6 have filed their separate written state ments. They have admitted the contents of the claim petition. They have also stated that they have no objection if the compensation is granted to the claimants. In order to prove their case, the claimants have examined claimant No. 1, Smt. Abha Garg as P. W. I and Dr. Rajeev Sharma as P. W. 2. They have also filed copy of G. D. No. 23 dated 3-10-2001, Photostat copy of driving licence of Dr. Y. S. Malik and also filed cash memos, receipts, medical certificate, death certificate and salary certificate of the deceased. Opposite party appellant has filed copy of insurance cover note.;