NATIONAL INSURANCE COMPANY LIMITED Vs. NEEMA & OTHERS

JUDGEMENT

(1.) Service on the respondents is sufficient, as is mentioned in the order dated 9.11.2009 passed by a coordinate Bench of this Court. However, none has turned up on behalf of the respondents. So, this Court rendered hearing to learned Counsel of the appellant insurance company.

(2.) It appears that the accident occurred on 8.2.2007 at around 4.15 PM in Haldwani city in which an adolescent girl Km. Nikita, aged about 8 years, was dashed by a tempo pickup no. U.P.-T-6691. She suffered serious injuries in such accident and passed away during the course of her treatment in the hospital. FIR was lodged on 9.2.2007 against unknown person, as the name of the driver was not known at the time of lodging such report. When the matter was investigated by the concerned Police Station, it was found that such vehicle was being driven at the relevant date and time by its owner himself Mr. Jahir Ahmad. So, chargesheet under Section 279, 338 and 304-A I.P.C. bearing Crime No. 88/2007 was filed before the Magistrate concerned. This Court is not aware about the fate of that chargesheet after culmination of the trial.

(3.) Parents as well as one brother of the deceased presented the claim petition no. 35/2007 and the learned Tribunal, vide impugned judgment dated 2.2.2009, awarded the compensation to the tune of rupees one lakh fifty thousand along with 7 per cent per annum simple interest with effect from the date of institution of such petition. Insurance company has challenged the said judgment by preferring this appeal.