NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, THROUGH ITS SR. DIVISIONAL MANAGER Vs. SMT. JAMUNA DEVI AND ORS.

JUDGEMENT

(1.) We have heard Mr. Viqar Ahmed Ansari, learned Counsel for the appellant-opposite party No. 3 at length on 5th May, 2010 at the time of admission. This Appeal can be disposed of at this stage finally without issuing notices to the respondents.

(2.) This First Appeal from Order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant Insurance Company against the judgment and award dated 11th February, 2010 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 6, Kanpur Nagar in MACP No. 467 of 2005.

(3.) In brief, the facts are that on 19th February, 2005, the deceased Gauri Shankar, husband of claimant-respondent No. 1, son of claimant-respondent Nos. 2 and 3 and father of claimant-respondent Nos. 4 to 8, was going from his house to Qasba Patara by a three-wheeler. On the way, three-wheeler developed trouble and could not proceed further. Gauri Shankar and other passengers proceeded on foot towards Samua Railway Crossing. The driver of scooter No. UP 78 V - 2502, driving rashly and negligently, hit Gauri Shankar from behind causing serious injuries. While Gauri Shankar was being taken to Primary Health Centre, Bidhnu, he died on the way. Scooter driver Govind-respondent No. 10, in order to save himself and the scooter owner Tulsi Ram-respondent No. 9, lodged the false F.I.R. at the police station concealing the real facts. According to claimants, the deceased used to earn about Rs. 9,000 per rnonth from wholesale business in vegetables and his age was about 40 years. An amount of Rs. 24,80,000 with interest was claimed as compensation.