NEW INDIA ASSURANCE CO LTD Vs. MANITA

JUDGEMENT

(1.) THE instant appeal has been preferred by the Insurance Company challenging the award dated 05.05.2010, whereby ld. Tribunal has granted a compensation of Rs.8,20,507/- with interest @ 7.5% from the date of filing of the claim petition till its realization.

(2.) LD . Counsel appearing on behalf of the appellant has argued that on 02.09.2005 at about 10:30 pm the deceased, along with his father, was going to Garh Mukteshwar by a tempo bearing registration no. UP-14D-7105, i.e., the offending vehicle. The deceased was sitting in cabin with driver and cleaner and the father of the deceased was sitting on the backside of the tempo to take care of clay pots. When they reached at Garh Road near Hapur, U.P. all of a sudden the driver of the offending vehicle lost control over the tempo due to which the tempo overturned and the deceased sustained fatal injuries. Father of the deceased also received simple injuries.

(3.) LD . Counsel for the appellant has further submitted that PW-1, Sh. Bhagwan Singh, father of the deceased, has deposed that he was going for Ganga Snan at Garh Mukteshwar along with his son, i.e., the deceased Shri Narender Singh, for selling clay pots. They had hired a tempo bearing registration No.UP-14D-7105 for taking clay pots from Loni to Garh Ganga.