IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. RAMWATI

JUDGEMENT

(1.) The appellant IFFCO Tokio General Insurance Co. Ltd. ["the Insurance Company"] has preferred the present appeal against an award dtd. 7/8/2013, passed by the Motor Accident Claims Tribunal ["the Tribunal"] in MACT No. 307/09/13/11. The proceedings arose from a fatal accident which led to the death of one Mr. Vijay Pal. By the impugned award, his wife and children [hereinafter, "the claimants"] have been awarded Rs.9,29,389.00, alongwith interest at the rate of 9% per annum.

(2.) The facts of the case, as stated in the award, are that on 2/2/2009, at about 8:30 PM, the deceased was travelling from the Nangloi Subji Mandi to his house on a bicycle, when a tractor [bearing No. UP-82K- 0558] ["the insured vehicle"] hit the deceased's bicycle from the front, leading to the deceased falling and sustaining grievous injuries. The deceased was then taken to the Maharishi Balmiki Hospital, Pooth Khurd, but was later transferred to Ram Manohar Lohia Hospital, where he eventually succumbed to his injuries.

(3.) The respondent Nos. 1 to 4, being the wife, son and two daughters of the deceased, were the claimants before the Tribunal. The Insurance Company, driver and owner of the insured vehicle [respondent Nos. 5 and 6 herein] were arrayed as respondents before the Tribunal.