RUKMANI DEVI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) BY way of the present appeal the appellant seeks to challenge the impugned Award dated 18/09/2006 whereby, the claim petition filed by the appellant was dismissed. Brief summary of facts to deal with the contentions of the parties are:-

(2.) ON 18. 05. 2002, around 12 O'clock (noon) the deceased (who was working as driver on Truck No. DL " 1ga " 5414) alongwith a helper S. L. Kalyan Mal was passing through Kanjhawla when all of a sudden a motorcycle was seen coming at a high speed on wrong side and in an attempt to save the motorcycle rider, his truck collided with a tree which resulted in a serious accident and death of the said driver. The deceased was taken to Sanjay Gandhi Hospital where he was declared as brought dead.

(3.) A claim petition was filed on 10. 3. 2003 and an Award was made on 18. 9. 2006. Aggrieved with the said award the appellant preferred the present appeal.