NEW INDIA ASSURANCE COMPANY Vs. ASHA DEVI

JUDGEMENT

(1.) This appeal has been filed by the New India Assurance Company against the judgment and order dated 15.03.2017 passed by the Motor Accident Claims Tribunal/IInd Additional District Judge, Rudrapur, Udham Singh Nagar in MACP No.35 of 2015 whereby a compensation of Rs.20,81,500/- (Rupees Twenty Lakh Eighty One Thousand Five Hundred Only) has been awarded to the claimants.

(2.) Brief facts of the case are that on 18.07.2014, one Virendra Singh (deceased) who was 39 year of age at the relevant time was going on his motorcycle from Maharana Pratap Chowk, Kashipur to his house at Subhash Nagar. On the motorcycle, the son of the deceased, namely, Anshul was also sitting as pillion rider. It is alleged that when they reached near "Sethi Petrol Pump"?, at about 2:30 PM, a white Santro car bearing registration no.UK-06U-8026 which was being driven rashly and negligently by its driver dashed the motorcycle from the wrong side, as a result of which the deceased sustained grievous injuries and ultimately passed away on 19.07.2014. Thereafter a claim petition was filed by the claimants and compensation was claimed on account of death of Shri Virendra Singh.

(3.) Written statements were filed by the Insurance Company, the driver as well as the owner of the vehicle.