BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. SAJJAN

JUDGEMENT

(1.) We have heard Sri Rahul Sahai, learned Counsel for the Appellant-insurance company at length on 13.5.2010 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 (hereinafter referred to as the 'Act') has been filed by the Appellant - Bajaj Allianze General Insurance Company Limited against the judgment and award dated 22.1.2010, passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 2, Fatehpur in M.A.C.P. No. 213 of 2009.

(3.) In brief, the facts are that on 2.7.2009, the deceased Rampal, father of claimant-Respondent Nos. 1 and 2, was going from Chaurhgra G.T. Road to Fatehpur by Magic Loader No. UP-77N-3096. He was carrying with him 60 kilograms fish to sell at Fatehpur. On the way, in front of Rewari Plant, within the circle of P.S. Kalyanpur district Fatehpur, the driver of the vehicle No. U.P.-77N-3096 was driving it very rashly and negligently, on account of which the vehicle climbed the divider situated in the middle of the road and overturned. Rampal was crushed under the vehicle and died on spot. The incident took place at 7:00 a.m. F.I.R. was lodged by uncle of the claimants at P.S. Kalyanpur, district Fatehpur, which was registered at Crime No. 158 of 2009 under Sections 279, 337, 338 and 304A, I.P.C. According to the claimants, the deceased used to earn about Rs. 9,000 per month from fish business and was about 55 years of age. An amount of Rs. 11,60,000 with interest was claimed as compensation.