NAINITAL, India, March 23 -- Uttarakhand High Court issued the following judgment/order on Feb. 20:

1. This Appeal From Order has been preferred by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 01.03.2014 passed by the Motor Accident Claims Tribunal / IVth Additional District Judge, Haridwar in Claim Petition No. 61 of 2011, whereby the Tribunal has awarded a sum of Rs.3,39,000/- along with interest @ 7% per annum in favour of the claimants on account of the death of their son Amit Rai Chaudhary in a motor vehicle accident. The Insurance Company seeks to assail the impugned award also questioning the computation of compensation.

2. The facts, in brief, giving rise to the present appeal are that on 15.01.2007 at about 9:00 a.m., the deceased Amit Rai Chaudhary, aged about 22 years, was travelling in a three-wheeler (Auto) bearing registration No. UA-08-2806 for the purpose of going to his place of work. When the said vehicle reached near the Degree College turn at Kankhal, District Haridwar, it met with an accident and overturned on the road. As a result of the said accident, Amit Rai Chaudhary sustained serious injuries. He was immediately taken for medical treatment to the District Government Hospital, Haridwar. Considering the gravity of his condition, he was referred to Jolly Grant Hospital; however, while being taken to the said hospital, he succumbed to the injuries sustained in the accident. The claim petition was thereafter filed by the parents of the deceased, namely Deepak Rai Chaudhary and Smt. Anjana Rai Chaudhary, asserting that the deceased was a young, healthy individual and the sole support of the family.

3. It was submitted that the accident occurred solely due to the rash and negligent driving of the offending vehicle, resulting in the untimely death of their son, causing immense mental agony and financial loss to the claimants. It was further stated that the offending vehicle was owned by respondent no. 1, driven by respondent no. 2 at the relevant time, and was insured with respondent no. 4-Insurance Company. On these assertions, the claimants sought compensation under Sections 140 and 166 of the Motor Vehicles Act, 1988.The Tribunal, upon consideration of the pleadings and evidence adduced by the parties, proceeded to adjudicate the claim petition and ultimately passed the impugned award dated 01.03.2014, granting compensation of Rs.3,39,000/- along with interest @ 7% per annum in favour of the claimants.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9ZF%2BTT5XK5LCj5eXcRmxBgwSxvWQCm4jpnsD5VAwIsR8&caseno=AO/217/2014&cCode=1&cino=UKHC010098042014&state_code=15&appFlag=)

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