UNITED INDIA INSURANCE COMPANY LTD. Vs. RACHNA

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, has been filed against the judgment and award dtd. 5/1/2022 passed by the learned Motor Accident Claims Tribunal/IVth Additional District Judge, Haridwar, in Claim Petition No. 40 of 2019, Smt. Rachna vs. Nawab and Others, whereby an award of 8,37,340/- along with interest @ 7% per annum was granted as compensation in favour of the claimant.

(2.) Brief facts of the case are that on 21/11/2018, the claimant and her daughter, Ms. Akanksha, along with relatives, were returning home after attending a feast in car no. UK-07 DV-2134. At about 10:30 p.m., near their bungalow, a truck bearing no. HR-67B-1019, driven rashly and at high speed, suddenly applied brakes and turned towards their car, causing a collision. Ms. Akanksha sustained grievous injuries and succumbed to her, while others were also injured. FIR No. 437/2018 was registered at P.S. Bahadarabad against the truck driver. The deceased, a young and healthy girl, worked as a tailor earning Rs.10,000.00 per month, contributing her income to the family. Her father had predeceased her, and her mother has been left in deep shock. Though no monetary compensation can make good the loss, the petitioner seeks an award of Rs.65,50,000.00 with 12% interest as just compensation..

(3.) The main contention of learned counsel for the appellant is that the learned Tribunal, despite holding that the vehicle involved in the accident was not insured on the date of the incident, wrongly passed an order of "pay and recover" against the Insurance Company.