NEW INDIA ASSURANCE CO LTD Vs. SARITA

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (in short the Act) against the judgment and Award, dated 3 -1 -1997, passed in MAC. No. 26 of 1996, Smt. Sarita and others Vs. Smt. Sarojani Devi and others, by the Motor Accident Claims Tribunal/District Judge, Uttarkashi (hereinafter referred to as the Tribunal), whereby the learned Tribunal has awarded a sum of Rs. 2,02,000/ - along with interest @ 12% per annum in favour of the claimants -respondent nos. 1 to 3 as against the Opposite Party No.3 -appellant. Aggrieved, the Insurance Company has come up in appeal with a prayer to set aside the impugned judgment and award with costs.

(2.) Brief facts, giving rise to the present appeal, are that on 5 -7 -1996, deceased Munna Lal, husband of the claimant no. 1, was coming on scooter from bus station to his house. At about 1.30 p.m. the offending Truck No. UP 09/0153, driven rashly and negligently by its driver, came from the opposite direction and collided with the scooter with the result the deceased Munna Lal sustained grievous injuries and succumbed to his injuries on the spot. It is also alleged that the deceased was 21 years of age and was running a shop of general merchandize, besides dOin9 agriculture, animal husbandry etc. and earning Rs. 5000/ - per month at the time of his death. The claimants, who are dependents of the deceased, preferred the claim for the amount of Rs. 10,40,000/ - as compensation for the death of Munna Lal.

(3.) OPPOSITE Parties No. l/Respondent no. 1 and 2, owner and driver of the offending Truck in question contested the claim petition by filing joint written statement alleging therein that the driver of the truck was not driving the vehicle rashly and negligently, rather he was driving the truck cautiously with a moderate speed. The accident was the result of the negligence on the part of the deceased.