NEW INDIA ASSURANCE CO LTD Vs. SMT. BARISA

JUDGEMENT

(1.) Heard Sri Amit Manohar, learned counsel for appellant-insurance company and Sri Nigmendra Shukla, learned counsel for respondent-claimants. Parties are referred to as Insurance Company and claimants and or appellant and respondent respectively as they appear in all three appeals.

(2.) Two appeals, under section 173 of Motor Vehicle Act, 1988 ( hereinafter referred to as the "Act, 1988") are filed at the instance of appellant- The New India Assurance Co. Ltd. and one appeal, at the instance of claimants has arisen from the awards dated 28.3.2009 passed by Motor Accident Claim Tribunal/ Additional District Judge-I, Gautam Budh Nagar (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No. 174 of 2007, whereby compensation of Rs.1,96,500/- and in Motor Accident Claim Petition No. 177 of 2007 whereby compensation of Rs.3,21,500/-. It is not understood why the same Tribunal did not decide both the claim petitions by a common judgment and wasted or rather copy pasted the judgments for compensation in both the matters which arose out of the same accident.

(3.) On the fateful day namely 29.6.2007 two persons were returning from Palwal to Jewar on Motor Cycle No. U.P.-16S-6927. As the illfated motor cycle reached on Palwal Hamadpur Road ahead of Jhuppa Check Post at about 7:15 p.m. the offending Truck No. HR-37-B-5198 coming from Hamadpur side ( opposite direction) at a very high speed in negligent and careless manner, suddenly turned to its right side non-metal road(kuchcha patri) of the road and dashed against the motor cycle causing this horrible accident in which both the deceased sustained multiple, accidental injuries to which one died on spot and motor cycle was also badly damaged. At the time of accident the deceased Raess was driving motorcycle on extreme left side of the road at moderate speed with full care and caution. The accident is the result of negligent driving of the driver of truck. At the time of accident the driver of the offending vehicle was driving his vehicle being Truck No. HR-37-B-5198 at very high speed and in a negligent, careless and reckless manner without any care and caution. It appeared that at the time of the accident, the driver of the vehicle truck had no control over the steering of the offending vehicle, had the driver of offending vehicle-truck been not negligent, then this unfortunate accident would not have happened.