NATIONAL INSURANCE COMPANY LTD Vs. RANI BHARGAVA

JUDGEMENT

(1.) BOTH these appeals are being decided by the common judgment. For the sake of convenience, we are narrating the facts of appeal No. 313 of 2004. Both these appeals are preferred against the judgmentand order dated 26th May, 2004 passed by the Motor accident Claims Tribunal/additional district Judge, Nainital in M. A. C. C. No. 123 of 2002 between Smt. Rani Bhargawa v. Sri harishankar Yadav and others, whereby the tribunal awarded a sum of Rs. 3,25,000/- as compensation and out of which Rs. 1,62,500/-against the National India Insurance company Ltd. alongwith interest @ 7% p. a. from the date of filing the petition.

(2.) BRIEF facts of the case are that on 25th april, 1997, the deceased-Ramesh J. Bhargawa alongwith other passengers going to Lucknow in Tata Estate bearing registration No. UP-78-K/5846. When the said vehicle reached near Chandara village, district Sitapur at about 11. 30 due to blast in the tyre the vehicle in question hit toward the truck standing on the corner of the road. Due to this accident, Sri Ramesh J. Bhargawa sustained grievous injuries and died during the course of his treatment. According to the claimant, at the time of the accident, Sri ramesh J. Bhargawa was earning Rs. 20,000/-p. m. Therefore, she has filed claim petition for an amount of Rs. 10,00,000/- as compensation.

(3.) NATIONAL Insurance Company/ appellant filed its written statement denying the allegation made in the claim petition. New India Insurance Company also filed its written statement stating therein that the vehicle in question was not having the valid certificates. Owner of the truck-Sri harishankar Yadav also alleged that his truck was not involved in the said accident.