THE NEW INDIA ASSURANCE CO. LTD. THROUGH ITS SENIOR DIVISION MANAGER Vs. SMT. GOVINDI DEVI W/O DURGA DATT,

JUDGEMENT

(1.) Heard Sri P.C. Maulekhi, counsel for the appellant. This is an appeal filed by the Insurer.

(2.) Briefly stated, a claim petition was filed by the claimants -respondents No. 1 to 3 being M.A.C.P. No. 59 of 2005 Smt. Govindi Devi and Ors. v/s. Sri Harish Chandra Pandey and Anr. claiming a sum of Rs. 4,70,000/ -towards compensation.

(3.) According to the claim petition, on 21.5.2004 at about 1.30 p.m., when Bhuwan Chandra (hereinafter referred to as the deceased) was going to Daulia D Class from Halduchaur by Motor Cycle No. U.A. 06C -0244 in a moderate speed, as soon as it reached near Halduchaur Junior High School, all of a sudden a dog appeared in front of the motor cycle, and in saving that dog, the motor cycle collided with the boundary of the School. In this accident, both the persons received grievous injuries. In the way to hospital, the deceased died. The post mortem was conducted on 21.5.2004 at Soban Singh Base Hospital, Haldwani. First Information of this accident was lodged at P.S. Lalkuan. At the time of accident, the deceased was 26 years of age and was earning a sum of Rs. 3,000/ - per month.