LAWS(UTN)-2019-7-93

NATIONAL INSURANCE CO. LTD Vs. SHAHJAHAN

Decided On July 19, 2019
NATIONAL INSURANCE CO. LTD Appellant
V/S
SHAHJAHAN Respondents

JUDGEMENT

(1.) Before this Court is the Insurance Company which has challenged the award dated 03.09.2010 given by the Motor Accident Claims Tribunal, Kashipur, District Udham Singh Nagar, on a claim petition filed by the claimants who are legal heirs of deceased "Banne Peer"?.

(2.) Brief facts of the case are that on 19.08.2008 "Banne Peer"? (deceased) along with his friend was going to "Jalalpur"? via "Dadiyal"? on his motorcycle bearing registration no. UP 22 J 6228. When they reached near the bridge at "Dolatpuri Mod"?, a truck bearing registration no. UP 12 3619 which was being driven by its driver rashly and negligently hit the motor cycle from behind, as a result of which, Banne Peer sustained grievous injuries and ultimately passed away on the same day. The claimant no. 1 who is the widow of Banne Peer and claimant nos. 2 and 3 who are minor children of Banne Peer filed a claim petition before the Motor Accident Claims Tribunal claiming a compensation of Rs. 20,00,000/-(Rupees Twenty Lakh only).

(3.) It was said in the claim petition that the deceased was earning a monthly salary of Rs. 7,500/-(Rupees Seven Thousand Five Hundred only). The truck was duly registered and was insured with the insurance company, etc.