NEW INDIA ASSURANCE COMPANY LTD Vs. HANSA SAXENA

JUDGEMENT

(1.) This appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred by the appellant i.e. The New India Assurance Co. Ltd., against the judgment and award dated 29th February, 2008 passed by the Motor Accident Claims Tribunal/Additional District Judge/1st F.T.C., Haldwani, District Nainital, in M.A.C.C. No. 94 of 2005, Smt. Hansa Saxena v. Rafeeq Alam and others, whereby the Tribunal has awarded Rs.4,35,000 as compensation alongwith interest @ 7% per annum, to the claimant.

(2.) Brief facts of the case are that on 4th January, 2005 when Manoj Kumar Saxena alongwith his friend Ashish was going to Bareilly from his home by his Maruti car, at about 6.15 a.m. driver of truck bearing No. R.J. 11G/0479 by driving the vehicle rashly and negligently stopped the truck by overtaking the Maruti car and without giving any indicator, due to which Maruti car dashed with the said truck and Manoj Kumar Saxena and Ashish died on the spot itself. It has been alleged that deceased- Manoj Kumar Saxena, husband of claimant, was 27 years of age at the time of his death and used to earn Rs.5,000 per month from his business.

(3.) Opposite party No.1 despite sufficient service of notice neither appeared before the Court below nor filed any written statement on his behalf, hence an order was passed to proceed ex parte against him.