UNITED INDIA INSURANCE CO LTD Vs. ARCHANA SRIVASTAVA

JUDGEMENT

(1.) By the Court. -The present appeal has been filed by the Appellant-Insurance Company against the judgment and order/award dated 14.7.2009 passed by the Motor Accidents Claims Tribunal, Allahabad in Motor Accident Case No. 510 of 2004, filed by the claimant-respondent Nos.1 and 2 on account of the death of Manoj Kumar Srivastava in an accident on 5.7.2004 at about 5 O'clock in the evening.

(2.) It was, inter-alia,stated in the Claim Petition that the said Manoj Kumar Srivastava was going on his motor-cycle from Allahabad to Phoolpur on 5.7.2004 at about 5.00 p.m.; and that a Truck bearing Registration No. UP84- 9967, which was being driven by its Driver rashly and negligently, hit the motor-cycle of the said Manoj Kumar Srivastava on Katka Allahabad Road under Jhusi Police Station,Allahabad, as a result of which Manoj Kumar Srivastava sustained serious injuries, and he died on account of the said injuries.

(3.) It was, inter-alia,further stated in the Claim Petition that at the time of the accident, the said Manoj Kumar Srivastava was aged about 32 years and was employed on the post of Urea Operator in I.F.F.C.O.,Phoolpur,Allahabad. The claimant-respondent Nos.1 and 2 claimed compensation amounting to Rs.1,60,00,000/- under fault liability under Section 168 of the Motor Vehicles Act, 1988 and Rs.50,000/- under no-fault liability under Section 140 of the Motor Vehicles Act, 1988. Interest @ 12% per annum was also claimed on the said amounts from the date of the accident, namely, 5.7.2004 till the actual date of payment.