NATIONAL INSURANCE COMPANY LIMITED Vs. MITHLESH & OTHERS

JUDGEMENT

(1.) Having heard the rival contentions, it transpires that the accident occurred on 8.3.2014 at 10.15 PM at Kichha Rudrapur Road in District Udham Singh Nagar when the truck no. UP78AN-8225 dashed the Tata pickup no. UK06-CA-5058. Mr. Ashok was boarded in Tata pickup and he, among others, suffered injuries in this accident. He was immediately shifted from one hospital to other, but ultimately could not survive and breathed his last on 11.3.2014. His post-mortem was conducted on 12.3.2014. FIR of the accident was lodged on 9.3.2014 under Section 279, 337 and 338 IPC because by that time, the injured Ashok was alive.

(2.) Since Mr. Ashok ultimately died on account of the injuries caused in such accident, hence his dependants, which included his parents, wife and three children, presented the claim petition no. 109/2014 asking the compensation of Rs. 18,80,000/-. Learned Tribunal passed the impugned judgment and order dated 28.2.2015 granting compensation of Rs. 5,70,251/- along with 7.5 per cent annual interest with effect from the date of institution of the claim petition till the actual payment is made.

(3.) Although the truck owner and driver both filed their written statement before the Tribunal and denied any such accident, but to prove their averments they did not ever appear further before the Tribunal nor the Court was moved to summon either of them, primarily the driver of truck so that he could have been cross-examined on the aspect of occurrence and his denial of such accident. However, an eyewitness PW2 Pankaj Kumar has proved the happening of the occurrence on the date and time, as indicated above.