UNITED INDIA INSURANCE CO LTD Vs. SUSHILA DEVI

JUDGEMENT

(1.) THE appellant, The United India Insurance Company Ltd. , insurer of the offending vehicle has preferred an appeal assailing the impugned order dated 03. 11. 2007 passed by the learned MACT. The impugned award has arisen out of the claim petition, viz. , Suit no. 2350/2000, filed by respondent Nos. 1 to 7 against the appellant as well as against respondent Nos. 8 and 9 claiming compensation for the death of" Shri Jai Bhagwan.

(2.) THE brief facts which are necessary for deciding the present appeal inter alia are that Shri Jai Bhagwan expired on 01. 05. 1990. On 01. 05. 1990 at about 11:20 p. m. Shri Jai Bhagwan was crossing the road from the direction of village Sarai Kale Khan. Meanwhile, a truck Dumper bearing registration no. HR 29 8275 driven in a rash and negligent manner by Sh. Pannu Ram came from the direction of Ashram and hit Shri Jai Bhagwan. As a result, Sh Jai Bhagwan received fatal injuries and succumbed to his injuries.

(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. 4,55,480/- along with interest at the rate of 7% per annum payable from the date of the institution of the petition till the date of realization. The said order passed by the Tribunal is now under challenge in the present appeal.