- (1.) RAJEEV Gupta, C. J. Sri P. C. Maulekhi, Advocate for the Appellant. Sri I. S. Mehra, Advocate for re spondent no. 1. None for respondent No. 2.
(2.) THIS is insurer's appeal against the Award dated 29-03-2006 passed by Motor Accident Claims Tribunal, Nainital in Motor Accident Claim Case No. 95 of 2005. Claimant Smt. Parwati Devi, un fortunate widow of deceased Himmat Singh Mehta, claimed compensation of Rs. 5,00,000/- for the death of her hus band in the motor accident, when on 18-01- 2005, his scooter, while he was going to Haldwani Bazar from his house, was dashed by the offending vehicle -Truck bearing registration no. UP 25-5439, resulting in multiple serious inju ries to claimant's husband Himmat Singh Mehta, who succumbed to those injuries during the course of his treatment on 29-01-2005 in Safdarjang Hospital, New Delhi. The claimant further pleaded that her husband Himmat Singh Mehta, who was a retired Forest Ranger was getting pension of Rs. 31651- per month and was also earning another Rs. 6000/- per month from agriculture and dairy busi ness.
(3.) THE owner and insurer of the of fending vehicle - Truck contested the claim. THE owner of the truck denied his liability to pay compensation to the claimant on the plea that the deceased himself was responsible for the accident. THE insurer of the truck, on the other hand, took the plea that the truck was being plied in breach of the policy con ditions and the driver of the truck was not holding a valid driving license. The Tribunal, on the evidence led by the parties, held that the claimant's husband Himmat Singh Mehta sustained injuries in the motor accident on 18-01-2005 and succumbed to those injuries during the course of his treatment on 29-01-2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - truck; the insurer of the truck was liable to pay compensation to the claimant.;