UNITED INDIA INSURANCE CO LTD Vs. NITIN SHARMA

JUDGEMENT

(1.) THE present appeals are filed by the appellant Insurance Company seeking to impugn the Award dated 04.01.2007.

(2.) THE brief facts which are common to filing of the claim petitions are that on 24.02.1999, the deceased, namely, Md.Shamim (in MAC APP.232/2007) was going by a TSR along with two other persons from Shantivan towards Delhi Gate. Near Rajghat, the offending truck said to be driven in a rash and negligent manner jumped the red light and hit the TSR in which the deceased along with the two other persons was travelling. Apart from this accident, one Nitin Sharma was going on his two wheeler scooter. The said truck while illegally jumping the red light also hit the scooter because of which the said Nitin Sharma fell down. The case of Nitin Sharma is the subject matter of MAC APP.231/2007.

(3.) BASED on the evidence on record the Tribunal granted a total compensation of Rs. 3,50,000/ - in the case of the deceased Md.Shamim. In the petition filed by Nitin Sharma, a compensation for the sum of Rs.1,68,000/ - was awarded. The appellant was directed to pay but was permitted to recover it from Sandeep Motors Pvt. Ltd.