ORIENTAL INSURANCE CO LTD Vs. SH JEEBACH SHARMA

JUDGEMENT

(1.) THE appellant, Oriental Insurance Co. Ltd. , insurer of the offending vehicle has preferred an appeal challenging the impugned order dated 10. 8. 2004 passed by the learned MACT. The impugned award has arisen out of the claim petition filed by respondent No. 1 against the appellant as well as against respondent Nos 2 to 4 claiming compensation for the death of Shri Vijay kumar Sharma.

(2.) THE brief facts which are necessary for deciding the present appeal inter alia are that on 13. 12. 2001 at about 9:30 A. M. the deceased Vijay kumar Sharma was going on his bycycle from Karkardoome village to Indraprastha institute and when he reached near Indraprastha Engineering College, Link Road, sahibabad, Dist. Ghaziabad, U. P. one TATA 407 No. UP-14e-1086, driven by the driver rashly and negligently came from opposite side and hit the cycle of the deceased. Due to the impact the victim received injuries and was taken to narender Mohan Hospital for treatment, where he died on the very next day.

(3.) THE Tribunal after taking into consideration the facts of the case as well as evidence led by the parties had passed an award in the sum of rs. 5,11,167/- along with interest at the rate of 7% per annum payable from the date of the institution of the petition till the date of realisation. The said order passed by the Tribunal is now under challenge in the present appeal. I have heard learned counsel for the parties at considerable length.