- (1.) HEARD Shri T. A. Khan, counsel for the appellant and Shri Pooran Singh Rawat, counsel for the respondent no. 1.
(2.) THIS is insurer's appeal. By the present appeal, filed under Section 173 of Motor Vehicles Act, 1988, the appellant has prayed for setting aside the judgment and award dated 10-4-2006 passed by the Motor Accident Claims Tri bunal, Nainital in M. A. C. P. No. 60 of 2005. Briefly stated, a motor accident claim petition no. 60 of 2005 was filed under Section 140 and 166 of Motor Ve hicles Act for compensation of Rs. 10,00,000/-on account of death of Navin Chandra Kergati (hereinafter referred to as 'the deceased' ). According to the claim ant, on 22-3-2004 when the deceased was traveling by Truck No. UA-04a-7437 alongwith goods, at about 8 p. m. the said truck fell down in the ditch due to rash and negligent driving of the Truck by its driver. The deceased sustained injuries and succumbed to injuries. The deceased was posted as constable in the Uttaranchal Police Department and was getting salary of Rs. 56731- per month. The deceased was having sound health. The claimant was dependent on the deceased. The claimant has suffered mental agony on account of the death of the deceased. The claimant has claimed a sum of Rs. 10,00,000/-towards compensation.
(3.) A written statement has been filed on behalf of the owner of the Truck in question wherein the accident in question has been admitted. It has been admitted that the deceased died in the accident in question. It has been denied that the ve hicle in question was being driven rashly and negligently. It has also been submit ted that in the said accident, four men have died including driver and cleaner of the truck in question and the report of the said accident was lodged in P. S. Bhatronjkhan. It has been submitted that the truck was also damaged in the said accident and the owner has got the com pensation on account of own damages from the New India Assurance Company Ltd. The Truck in question was insured with the New India Assurance Company Ltd. and the driver was having a valid driv ing license. The insurance company is li able to indemnify the claim. The New India Assurance Com pany Ltd. has filed a written statement denying the averments contained in the claim petition. It has been submitted that the Truck in question was not being driven in accordance with the insurance policy. The claim petition is liable to be dismissed.;