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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
United India Insurance Company Ltd. – Appellant
Versus
Deepak Rai Chowdhary – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
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 Di
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Insurer cannot avoid liability for claimant's misconduct absent proof of statutory defences under Section 149(2) MV Act; just compensation for disability requires demonstrated loss of earning capacit....
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