NEW INDIA ASSURANCE CO LTD Vs. JAVITRI DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor vehicles Act has been filed against the award dated 5-8-2006 passed by the Motor Accident claims Tribunal/ill Fast Track Court, Naintial (hereinafter referred as Tribunal'), Nainital in m. A. C. P. No. 221/2005, whereby the learned tribunal had awarded a sum of Rs. 5,12,000 as compensation along with interest 6% per annum to the claimants against the New india Assurance Company Ltd. appellant.

(2.) THE claimant have preferred the cross objection bearing No. 15035/2006 for enhancement of the compensation awarded by the Tribunal.

(3.) BRIEF facts of the case are that the claimant-respondent Nos. 1 to 3 had filed a claim petition before the Tribunal, Nainital alleging therein that on 9-6-2005 at about 7 p. m. Kishan Lal @ Kishan Pal (deceased)was going on his motor-cycle bearing No. UP-25 S/6009 from Pilibhit to this village Sagalpur mahuaa, Police Station Bhojupura, District bareilly. When he reached near Jatipur, Police station Jahanabad, District Pilibhit, U. P. a motor-cycle No. UP 26c/4292 coming from the opposite side rashly and negligently dashed the motor-cycle of the deceased, due to which the deceased sustained grievous injuries on his person and died on the spot. It was further alleged that the deceased was aged about 22 years at the time of accident and he was earning a sum Rs. 2,250 per month as salary and he used to earn Rs. 3,000 per month from private tuitions. As such, the total income was rs. 5,250 per month. Thus, the claim petition was filed by the dependents of the deceased for the compensation in lieu of his death.