NATIONAL INSURANCE CO. LIMITED THROUGH ITS DIVISIONAL MANAGER Vs. SMT. SUNITA DEVI W/O LATE ANUSUYA PRASAD AND ORS.

JUDGEMENT

(1.) HEARD Sri Bindesh Kumar Gupta, counsel for the appellant and Sri D.C.S. Rawat, ocunsel for the respondent No. 5 -owner. This is an appeal filed by the Insurance Company.

(2.) BY the present A.O. filed under Section 173 of the Motor Vehicles Act, 1988, appellant has prayed for setting aside the award dated 28.10.2005 passed by the Motor Accident Claims Tribunal/District Judge, Pauri Garhwal in Motor Accident Claim Case No. 53 of 2001 Smt. Sunita Devi and Ors. v. Sri Narendra Singh and Anr., whereby the claimant - respondents No. 1 to 4 have been awarded a sum of Rs. 1,69,080/ - towards compensation.

(3.) ACCORDING to the claimants, on 9.2.2001 in the evening, when Anusuya Prasad (hereinafter referred to as the deceased) was coming to Sri Nagar by Truck No. U.P. 07 -2895 (in which furniture of the School was loaded), due to rash and negligent driving of the driver, an accident took place at Dev Prayag Motor Marg and the Truck in question fell down into a river at 10.00 p.m. In this accident, the deceased drowned into the river and died. His body was recovered from the river after two days. The deceased was bread -earner in the family. At the time of accident, the deceased was 40 years of age and was earning a sum of Rs. 7,000/ - per month. The claimants have claimed a sum of Rs. 20,56,000/ - towards compensation.