ORIENTAL INSURANCE COMPANY LTD Vs. SARMILA DEVI

JUDGEMENT

(1.) Heard Sri Pramod Kumar, learned counsel for the appellant Insurance Company, Sri Rajiv Kumar Dubey, learned counsel for the claimant respondents as well as perused the record.

(2.) Present appeal under Section 173 of Motor Vehicles Act, 1988, has been filed against the impugned award dated 6.3.2006, rendered by the Motor Accident Claims Tribunal/Additional District Judge Court No. 7, District Sultanpur, in Claim Petition No. 183/2003.

(3.) The brief facts giving rise to the present controversy are that the deceased Munshi Lal who was aged about 21 years, was a driver of vehicle No. D.I.U.P. 44 D-4670. On 25.9.2003 at 6:30 a.m., in the morning, when the deceased was plying the vehicle near Lambhua, a truck bearing Truck No. U.P. 14-B-0762, coming from reverse direction rashly and negligently, hit the Jeep and in consequence thereof, the deceased succumbed to the injuries. The deceased was a driver and his monthly salary was about Rs. 5000/- per month. An F.I.R. was lodged. The respondents claimants approached the Tribunal under Section 166 of the Motor Vehicles Act, 1988, claiming compensation to the tune of Rs. 40,15,000.00.