CHILA DEVI Vs. SUCCHA SINGH

JUDGEMENT

(1.) These appeals, preferred under Section 173 of the Motor Vehicle Act are directed against the judgment/award dated 06.05.2011 passed by Motor Accident Claims Tribunal/District Judge, District Udham Singh Nagar, in M.A.C.P. Case No. 249 of 2009, Smt. Chila Devi and another Vs. Succha Singh and others, whereby the claim petition of the claimants/respondent has been partly allowed and compensation to the tune of Rs. 9,24,900/- was awarded to them to be paid by the Insurance Compnay within two month from the date of passing the award.

(2.) Brief facts of the case are that on 10.07.2009, at about 12.00 to 12.30 P.M., Yogember Singh (deceased) was going from Kashipur to his house situated at Bazjpur Road on his motorcycle bearing registration no. U.A.-06H 0115 being driven by him at a slow speed on the left side of road. As soon as he reached ESSAR petrol pump near Nehar ki puliya, a truck bearing registration no. H.R.-55C-0712 which was being driven by its driver rashly and negligently, hit the motorcycle from behind. Due to the impact, he fell down and suffered grievous injuries. Padem Singh neighbour of the deceased Yogember Singh Rawat was also present on the place of accident as he was returning to his house from Kashipur. He is also an eye witness of the said accident. After the said accident, the injured-deceased was sent to Kashipur by 108 Service Ambulance by some local persons, but he died on his way to the Govt. Hospital. It is also contended that an F.I.R. was also lodged at Police Station-I.T.I., Kashipur in respect of the said accident. At the time of accident the deceased was aged 52 years, and was an ex-serviceman and was getting pension of Rs. 13,500/- per month. The deceased left behind his wife and son. The claim petition was filed seeking compensation to the tune of Rs. 25,00,000/-.

(3.) On the pleadings of the parties, learned tribunal framed necessary issues and recorded the evidence. The Motor Accident Claims Tribunal after hearing the parties, awarded compensation of Rs. 9,24,900/- to the claimants. The tribunal has directed that the amount of compensation be paid by the Insurance Company within a period of two months from the date of award failing which the Insurance Company shall pay interest @7% per annum to the claimant from the date of institution of the claim petition till the date of actual payment.