UNITED INDIA INSURANCE CO. LTD. Vs. RAMESH SINGH

JUDGEMENT

(1.) Having heard learned Counsel of the appellant and the claimants, it transpires that the accident occurred on 10.12.2012 at 7.45 PM somewhere at the outskirts of Kashipur when Prem Singh, a man of 34 years was dashed by a rear coming truck no. UP-17/5097. He died at the spot. FIR No. 678/2012 was lodged for the offences under Section 279 and 304-A I.P.C. in the concerning police station. This Court is not aware about the fate of such FIR or the trial (if any).

(2.) Five petitioners, namely, Ramesh Singh (married brother aged 53 years), Smt. Munni (married sister aged 51 years), Hari Om (married brother aged 46 years), Man Singh (another married brother aged 42 years) and Smt. Kusum (married sister aged about 32 years) presented claim petition no. 02/2013 asking compensation of Rs. 25,00,000/-. Learned Tribunal vide the impugned judgment and order dated 4.7.2016 granted compensation of Rs. 3,88,000/- along with 7.5 per cent annual interest w.e.f. 4.1.2013 till the actual payment. This award has been challenged by the insurance company with whom the offending truck was insured for the like such accident.

(3.) Learned Counsel for the appellant has drawn the attention of this Court towards paragraph 3 of the claim petition which avers that the claimants have lost their son untimely, which caused the mental agony as well as physical injury to them.