HEMLATA Vs. SHRI RAM GENERAL INSURANCE CO. LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeal is to an order passed by the High Court of Allahabad on 17/3/2021 whereby an award passed by the Motor Accident Claims Tribunal on 19/9/2014 was set aside in an appeal filed by the Insurance Company.

(3.) As per the claimants, the deceased Dinesh Kumar was standing on the road when a three-wheeler No.UP 83R 9767 struck against the deceased leading to his death on the spot. The deceased is survived by his wife, two minor daughters and a minor son. The legal heirs filed a claim application under Sec. 166 of the Motor Vehicle Act, 1988 before the Motor Accident Claims Tribunal, Firozabad. The claimants examined PW-2 Mithlesh Kumar to prove the negligence on behalf of the driver of threewheeler. The Tribunal relied upon the statement of eyewitness and awarded a compensation of Rs.7.00,37,172.00 along with interest @ 7% per annum.