IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal From Order No. 168 of 2005 (old no. 554 / 1998) The New India Assurance Co. Ltd. Head Office 87 M.G. Marg Mumbai through the Assistant Divisional Manager The New India Assurance Co. Ltd. Divisional Office 15, M.G. Marg Civil Lines, Allahabad ..... Appellant Vs 1. Panna Lal Verma S/o Late Sri Ganga Lal Verma 2. Smt. Kamla Verma W/o Panna Lal Verma 3. Km. Prema Verma D/o Pana Lal Verma 4. Basat Lal Verma D/o Panna Lal Verma 5. Km. Geeta Verma (minor) D/o Panna Lal Verma 6. Km. Champa Verma (minor) D/o Panna Lal Verma Minors under guardianship of their natural father Sri Panna Lal Verma and R/o Village Durgi P.O. Jayvi Tehsil & District Almora 7. Girish Lal Verma S/o Devi Lal Verma R/o Jawhar Chock, Berinag P.O. Berinag District Pithoragarh ... Respondents Sri R.B. Agarwal, learned counsel for the appellant. Sri Deepak Rawat, learned counsel for the respondents. Hon’ble B.C. Kandpal, J. This appeal under Section 173 of Motor Vehicles Act, 1988 filed by the Insurance Company against the judgment and award dated 28.02.1998 passed by Motor Accident Claims Tribunal/District Judge, Pithoragarh whereby the Tribunal awarded a sum of Rs. 1,85,000/- as compensation in favour of the claimants. 2. Brief facts of the case are that Sri Rajendra Lal was going to Bearing on 11.08.1995 by Maruti Van bearing No. UP03/0202. At about 10:30 p.m., the van met with an accident due to fast and negligent driving of the vehicle by its driver, 200 meters ahead of Satsiling and it fell into the khud causing grievous injuries to other passengers. Rajendra Lal succumbed to the injuries. According to the claimant, Sri Rajendra Lal was a brilliant student and was studying in B.A. Part II in Berinag Decree College. He was also a skilled goldsmith and used to earn Rs. 3,000/- per month by working with M/s Moti Lal Rajendra Lal Jwellers. Therefore, they filed a claim petition before the Tribunal concerned for Rs. 8,00,000/- as compensation. 3. Sri Girish Lal (owner of the vehicle) and Insurance Company contested the claim petition filed by the claimants by filing their written statement. On the basis of the pleadings of the parties, the Tribunal framed relevant issues which were discussed at great length. 4. The Tribunal concerned after hearing learned counsel for the parties and perusing the entire material available before it, awarded a sum of Rs. 1,85,000/- against the owner of the vehicle as well as Insurance Company along with interest @ 12% per annum from the date of filing the claim petition vide judgment and order dated 28.02.1998. 5. Feeling aggrieved by the aforesaid judgment and award, the Insurance Company preferred this appeal before the Allahabad High Court, which has been transferred to this Court after creation of separate State. 6. Heard Sri R.B. Agarwal, learned counsel for the appellant, Sri Deepak Rawat, learned counsel for the respondents and perused the record. 7. Learned counsel for the appellant has argued that the deceased was a student of B.A. and was not getting any regular income and the M.A.C.T. concerned has not considered this point and awarded the compensation in an arbitrary manner. 8. Perusal of the impugned judgment and award shows that the Tribunal has concluded that the deceased was getting Rs. 100/- per day and after considering the age and circumstances of the case awarded a lump sum compensation of Rs. 1,80,000/- and Rs. 5,000/- on account of other expenditure incurred by the claimants. I do not find any ground to interfere in the amount of compensation. 9. Learned counsel for the appellant has further argued that the owner of the vehicle in question is liable to pay compensation because the accident occurred due to rash and negligent driving of the driver. He has further submitted that the amount of compensation is very exorbitant. 10. Having considered the arguments advanced by the learned counsel for the petitioner and perusing the impugned judgment and order, I do not find any force in the submission advanced by learned counsel for the appellant. At the time of the accident, the said vehicle was insured with the New India Assurance Company which is clear from the Insurance Certificate. Further the Insurance Company has failed to establish that any terms and condition of the insurance policy was violated by the owner of the vehicle. The tribunal after having gone through the material as well as on the circumstances of the case awarded a sum of Rs. 1,80,000/- as compensation and Rs 5,000/- on account of other expenditure incurred by the claimants. The Tribunal has discussed each and every point at great length, which cannot be interfered by me at this stage. The amount of compensation is just and proper. So far as the liability is concerned, I do not find any ground in the arguments advanced by the learned counsel for the appellant. The accident took place due to rash and negligent driving of the driver. The Tribunal has held that accident took place due to rash and negligent driving of the vehicle in question which resulted in the death of Rajendra Lal Verma. However, the owner of the vehicle has produced photostat copy of driving licence. registration certificate of the vehicle, fitness certificate, insurance certificate in support of his case. It is not in disputed that at the time of the accident, the said vehicle was insured with the New India Insurance Company Ltd., therefore, the liability of compensation has rightly been awarded against the Insurance Company as well as owner of the vehicle in question. I do not find any ground to interfere in the impugned judgment and award passed by the Tribunal concerned. The appeal lacks merit and is liable to be dismissed. 11. Accordingly, the appeal is dismissed. The impugned judgment and order dated 28.02.1998 passed by the M.A.C.T./District Judge, Pithoragarh is hereby confirmed. 12. The statutory amount, if any, deposited by the appellant before this Court at the time of filing the appeal be remitted to the Tribunal concerned. (B.C. Kandpal, J.) 29.02.2008 ASWAL