- (1.) RAJESH Tandon, J. 1. This is insurer's appeal against the Award dated 23-2-2006, passed by the Motor Accident Claims Tribunal, Dehradun.
(2.) THE claimants Sri Virendra Singh Negi and Smt. Sushila Devi preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of com pensation on account of the death of their son Pradeep Singh Negi in a mo tor vehicle accident. According to the claimants on the fateful day on 1-4- 2004, deceased Pradeep Singh, who was employed in Garhwal Mandal Vikas Nigam as Mines Clerk was going towards Doiwala on foot. When he reached near Kunvawala, Truck No. U. P. 07d-2930, which was going in the same direction hit, deceased Pradeep Singh and crushed him under the wheels, who died instantaneously. According to the claim ants the deceased was getting Rs. 3,505/ - per month as salary. At the time of accident he was 23 years of age. Respondent no. 3, owner of the truck has denied the assertions made in the claim petition. She has stated that the accident has not taken place due to rash and negligent driving by truck driver but the deceased was under intoxication and when he came in front of truck, the truck driver turned the truck extremely left and the truck went in the agriculture field. She has stated that truck has not dashed the deceased at all and some other vehicle might have hit him. The insurance company, appel lant has admitted that the truck involved in the accident was insured with it but it has been denied that the accident had taken place due to negligence of truck driver. Further it has been stated that the amount claimed as compensation is ex cessive.
(3.) IN order to prove his case, the claimants have examined P. W. 1 Virendra Singh Negi, PW. 2 Jagdev Singh and P. W. 3 Nikhil Sharma. The claimants also filed copy of EI. R. last pay certifi cate of the deceased, High School cer tificate of the deceased and post mortem report. The opposite parties examined D. W. I Mangat Ram and D. W. 2 Rajendra Singh and filed copy of driv ing licence. On the basis of the evidence ad duced by the claimants, the Claims Tri bunal has held that the accident had taken place due to rash and negligent driving of the truck by Sri Rajendra Singh.;