NEW INDIA ASSURANCE CO LTD Vs. SHAKEELA BEGUM

JUDGEMENT

(1.) -THIS appeal preferred under section 173 of Motor Vehicles act, 1988, is directed against the award dated 24. 3. 2006, passed by Motor Accidents Claims Tribunal/third Fast Track court, Nainital whereby in Motor Accident claim Case No. 297 of 2004, the said Tribunal has awarded a sum of Rs. 7,13,000 as amount of compensation in favour of the claimants (present respondent Nos. 1 to 5 ).

(2.) HEARD the learned counsel for the parties.

(3.) BRIEF facts of the case are that respondent Nos. 1 to 5, sent a claim petition to the Motor Accidents Claims Tribunal, nainital, which was received by said tribunal on 18. 12. 2004, with the particulars that on 28. 12. 99, Munney Khan (husband of present respondent No. 1 and father of respondent Nos. 2 to 5) was going on a truck bearing registration No. UP 27-D 9629 from Pilibhit to Ghaziabad. When it reached near village Joya, District J. P. Nagar, Uttar Pradesh, the truck stopped due to technical fault and suddenly tanker bearing the registration No. HR 38-4888, which was being driven rashly and negligently by its driver, dashed and Munney khan received injuries and died on the spot. A first information report of the accident was lodged with the Police Station Didoli, district J. P. Nagar, U. P. , which was registered as Crime No. 787 of 1999, relating to offences punishable under sections 279, 304-A, Indian Penal Code. It is alleged in the claim petition that the deceased was a contractor who used to earn Rs. 6,000 per month. It is further alleged in the claim petition that the claimants (present respondent Nos. 1 to 5) were dependent on him. The deceased was aged 28 years. A total sum of Rs. 28,25,000 was claimed as amount of compensation by the claimants.