- (1.) THIS appeal, under Section 173 of Motor Vehicles-Act, 1988, has been pre­ferred by the appellant i.e. National In­surance Company Limited, who is the insurer of offending vehicle Maruti Car Alto No. U.A.01/5163, against the judg­ment and award dated 28.11.2006 passed by Motor Accident Claims Tri­bunal/District Judge, Bageshwar in M.A.C.T. Case No. 14/2005, Smt. Anita Devi versus Sri Dhirendra Singh Martolia and others.
(2.) BRIEF facts of the case, as nar­rated in the claim petition, are that on 12.8.2005 deceased-Anand Singh was going from Almora to his village Palsau in Maruti Car Alto No. U.A.01/5163 and when the said vehicle reached at Chidang bend, District Bageshwar, it met with an accident, in which de­ceased-Anand Singh sustained injuries and ultimately he died. At the time of accident deceased was 30 years of age and was working as Teacher in Higher Secondary School Chaura and was get­ting salary of Rs.6000/- per month from the said job. The claimant thus claimed a sum of Rs.9,14,000/- as compensa­tion against opposite parties. Opposite party no. 1 filed his written statement admitting therein the factum of accident and stated that ac­cident did not take place on account of rash and negligence of driver of offend­ing vehicle in question. It has also been stated that amount of compensation as claimed by claimant is on higher side. The liability to pay the compensation, if any, is of opposite party no. 4-National Insurance Co. Ltd., from whom the of­fending vehicle in question was insured at the time of accident.
(3.) OPPOSITE parties no. 2 and 3 are devar and mother-in-law of the claim­ant, who claimed the compensation from opposite party no. 1 admitting the factum of accident.;