UNITED INDIA INSURANCE CO LTD. Vs. ANJU GUPTA

JUDGEMENT

(1.) The aforesaid two cross Appeals shall be decided together as they arise from the impugned Award dtd. 28/11/2015 vide which an amount of Rs.1,62,03,342.00 with interest at the rate of 12% per annum has been granted to the Respondent Nos. 1 to 4/Claimants on account of death of Shri Sharad Kumar Gupta (hereinafter referred to as 'deceased').

(2.) Briefly stated, on 24/2/2014 at about 12:30 P.M., the deceased was crossing the road at Main Wazirabad Road, in front of Nirmandhin Jail Gate, when a Motorcycle bearing Registration No. DL-7SX-1801 which was coming from Bhajanpura side, which was being driven by the Respondent No. 5/Radhey Shyam, at a high speed and in a rash and negligent manner, hit the deceased who fell and sustained injuries. The deceased was taken to GTB Hospital in PCR Van and thereafter, shifted to Pushpanjali Crosslay Hospital, Vaishali on the same day. On 1/3/2014, the deceased succumbed to the injuries in the Hospital.

(3.) An FIR No. 198/2014 under Ss. 279/337/304A of the Indian Penal Code, 1860 was registered at Police Station Nand Nagari, Delhi.