NATIONAL INSURANCE CO LTD Vs. SONAM & ORS

JUDGEMENT

(1.) The present appeal is filed by the appellant seeking to impugn the Award dated 16.3.2006. Limited prayer submission here is to grant recovery rights against respondent No.5, the owner of the offending vehicle which was not given by the Tribunal. It may be noted that respondent No.4 driver of the offending vehicle has already died.

(2.) The brief facts are that the deceased K.S.Tiwari was on 01.03.1999 going on his foot at Mahipalpur when he was hit by a truck said to be rashly driven by respondent No.4 at a very high speed. He fell down and sustained serious injuries. He was declared brought dead in the hospital.

(3.) Based on the evidence on record the Tribunal granted total compensation of Rs.6,65,000/- to the dependents, namely, three minor daughters inasmuch as his wife had already predeceased him.