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HIGH COURT OF UTTARAKHAND
Alok Mahra, J
The New India Assurance Company – Appellant
Versus
Smt. Rajinder Kaur and others – Respondent
| Table of Content |
|---|
| 1. accident details leading to compensation. (Para 2) |
| 2. arguments on fir delay and liability. (Para 3 , 4 , 5) |
| 3. court's view on the tribunal's correctness. (Para 6 , 7) |
| 4. no grounds for interference found. (Para 8) |
| 5. final ruling on appeal dismissal. (Para 9) |
Hon'ble Alok Mahra, J.
This Appeal under Section 173 of Motor Vehicle Act, 1988 has been filed against the judgment and award dated 29.07.2019 passed by learned MACT/District Judge, Nainital in MACP No.19 of 2019, Smt. Rajinder Kaur and another Vs. Km. Monika Negi and others, by which an award of Rs.5,74,000/- with interest @ 7% per annum as compensation has been awarded by the Tribunal.
2. Brief facts of the case are that on 13.06.2016 at about 6 p.m. when Harpreet Singh alias Happy (son of the claimant) was going to Dakbungla Petrol Pump to fill petrol in his Scooty along with his friend Gaurav and when he reached near Kaladhungi Post Office, the driver of Swift car bearing number-UK-04U-1507 coming from the opposite direction, hit the scooty while driving the car rashly and negligently, in which both the Scooty riders got seriously injured and Harpreet @ Happy died during treatment.
3. Learned counsel for th
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