NATIONAL INSURANCE COMPANY LTD Vs. SUSHMA YADAV

JUDGEMENT

(1.) THIS appeal has impugned the Award dated 16.10.2008 vide which the Tribunal had awarded compensation in the sum of Rs.13,85,494/- to the claimants.

(2.) THE facts as emanated are that on 04.5.2003 at about 9.00 PM the deceased along with his friends were going from his residence Madhu Vihar to Naraina to attend a marriage function in a car being driven by the deceased when a truck driven by respondent lno.6 in a rash and negligent manner hit the car of the deceased. Deceased fell down; he was taken to the hospital where he was declared dead. THE claimants were his wife, minor children and old parents. Claim petition had been filed under Section 166 of the Motor Vehicle Act (hereinafter referred to as "the M.V.Act").

(3.) THIS finding is accordingly liable to be set aside. The salary of the victim is accordingly assessed at Rs.4200/- per month.