NATIONAL INSURANCE COMPANY LIMITED THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, TIKONIA Vs. KANCHAN W/O. LATE, ARUN KUMAR AND OTHERS

JUDGEMENT

(1.) This appeal, preferred under section 173 of Motor Vehicle Act, 1988, is directed against award dated 06.05.2009, passed by Motor Accident Claim Tribunal/Additional District Judge/1st Fast Track Court, Haldwani, District Nainital, in Motor Accident Claim Case No. 204 of 2006 whereby the Tribunal has awarded compensation to the tune of Rs.12,92,280.00 to the claimants.

(2.) Heard learned counsel for the parties, and perused the Tribunal's record.

(3.) Brief facts of the case are that on 14.04.2006, Arun Kumar (deceased) along with his brother Deepak Kumar Saxena (PW2) was going on a motor cycle bearing registration no. UP25-N/2494 from Bareilly to Haldwani. At about 9.00 p.m., near the Sales Tax barrier Pull Bhatta within the limits of Police Station Kichha. The truck bearing registration no. HR 29C/2587 which was loaded with bamboos suddenly stopped and a motorcyclist dashed from rear side into it. It is pleaded in the claim petition that there was no red light on the back of the truck showing that the bamboos were projecting 3-4 feet outward. It is also alleged that the truck was being driven rash and negligently and it was suddenly stopped . In the accident Arun Kumar suffered injuries and died in the hospital. It is alleged by the claimants that he was earning Rs.10,000.00 per month. Claimant/respondent no.1 Smt Kanchan is widow of the deceased and claimants/respondent nos. 2 and 3 are minor children of the deceased. It is also pleaded that the deceased used to run his business of spare parts in the name of M/s Saxena Traders. Claimants were dependent on him. The deceased was said to be aged 30 years.