ORIENTAL INSURANCE CO LTD Vs. SHARDA RANI

JUDGEMENT

(1.) SINCE both these appeals under section 173 of the Motor Vehicles Act, 1988, have been preferred against the judgment and award dated 7. 4. 2005 passed by the M. A. C. T. / addl. District Judge, Udham Singh Nagar in M. A. C. P. No. 59 of 2003, therefore, the appeals are being decided by this common judgment. M. A. C. T. /addl. District Judge (hereinafter referred as 'the Tribunal') vide aforesaid judgment awarded compensation of Rs. 7,29,500 along with interest at the rate of 6 per cent per annum from the date of presentation of claim petition till the date of final payment to the claimants payable by Oriental Insurance Co. Ltd.

(2.) BRIEF facts of the case are that on 10. 10. 2002, Pramod Kumar Bansal, along with his friends and relatives was returning to his home in jeep No. UP 04-A 7437 after attending 'kisan Mela' at Pant Nagar and when they reached at Mehtosh Moar, within P. S. Gadarpur, the jeep was stopped in order to urinate by the occupiers of the jeep. Pramod Kumar Bansal was urinating at the corner of the road. Suddenly tractor-trolley bearing registration No. UP 04-B 4145 came there at a high speed and dashed pramod Kumar Bansal due to which he was seriously injured and was rushed to bazpur Hospital for medical aid but he died on the way. The information of the accident was sent to the Police Station, bazpur on 11. 10. 2002. According to the claimants the deceased Pramod Kumar bansal was a healthy person and was a contractor in the Forest Department and also a Supervisor in S. D. Seeds Pvt. Ltd. His annual income was Rs. 4,54,850. The claimants have claimed Rs. 80,00,000 as compensation.

(3.) DULHE Khan, owner of the tractor no. UP 04-B 4145, contested the claim petition by filing his W. S. He alleged that the accident occurred due to own fault of the deceased. The tractor driver had valid driving licence and it was insured with oriental Insurance Co. Ltd.