NEW INDIA ASSURANCE CO. Vs. SAJIYA KHANAM

JUDGEMENT

(1.) The present appeal has been filed against the judgment and award dtd. 29/3/2023 passed by the Motor Accident Claims Tribunal/1st Additional District Judge, Haldwani, District Nainital in M.A.C.P. No. 36 of 2021, whereby a total compensation of 52,70,000/- was awarded in favour of the claimants and against the appellant/Insurance Company. The award was subsequently reviewed on 17/11/2023 and 14/5/2024, resulting in the enhancement of the compensation to 65,53,300/-.

(2.) The brief facts of the case, as per record are that on 21/12/2019 at approximately 11:30 a.m., the deceased, Imran Khan, was riding his motorcycle bearing registration number UP26AC5836 near SIDCUL Police Chowki, Sitarganj, at a slow speed. At that time, a tractor trolley bearing registration number UK06CB3952 approached at a very high speed and, while overtaking another vehicle, came in the wrong direction and collided with the motorcycle resulting in the death of husband of respondent no.1. The driver of the tractor trolley failed to apply brakes, and due to its high speed, the collision could not be avoided. The accident was thus attributed to the negligence of the tractor trolley driver. The police promptly reached the scene, and the deceased was taken to Government Hospital, Sitarganj. Thereafter, the body was sent to Government Hospital, Khatima, where the postmortem examination was conducted. The police promptly reached the scene, and the deceased was taken to Government Hospital, Sitarganj. Thereafter, the body was sent to Government Hospital, Khatima, where the postmortem examination was conducted. The deceased subsequently underwent a post-mortem examination. At the time of his death, the deceased, aged 37 years, was a healthy civil engineer engaged in contracting work at SIDCUL. The claimants produced Income Tax Returns for the years 2018-19 and 2019-20 reflecting an annual income of 3,51,329/- and 3,58,488/- respectively. The deceased was the sole earning member of his family. Accordingly, his widow, children, mother, and unmarried sisters filed a claim petition seeking compensation of 85,00,000/-.

(3.) The claimants produced documentary evidence including photocopies of the insurance policy, panchanama of the deceased, copy of the FIR, death certificate, Aadhar card, driving license, birth certificates, educational qualification certificates, handicap certificate of claimant no.6 (sister), income tax records of the deceased, and post-mortem report. Oral evidence was led by claimant no.1 (wife) and PW2, Sehnewaj Hasmi.