LAWS(ALL)-2020-11-61

NATIONAL INSURAMCE COMPANY LTD Vs. URMILA DEVI

Decided On November 24, 2020
National Insuramce Company Ltd Appellant
V/S
URMILA DEVI Respondents

JUDGEMENT

(1.) Heard Sri Sudhanshu Behari Lal Gour, learned counsel for the appellant and Sri Vidya Kant Shukla, learned counsel for the respondent-claimants.

(2.) Facts giving rise to this appeal is that on 9.4.2016 Basant Kumar Dixit riding on his motorcycle bearing registration no. U.P.78/DD/5182 was going to Kanpur from M/s Jai Ambe Brick Field, Sarlekhpur, Ghatampur for realisation of the amount and as soon as he reached near closed shop before Raipur bridge, the driver of Truck No. U.P. 22/T/5888 came rashly and negligently without blowing horn and dashed the motorcycle badly on account of which he fell down on the road and driver of the truck proceeded ahead crushing him as consequence of which the deceased succumbed to his injuries on the spot.

(3.) The claimants approached the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Kanpur Nagar (hereinafter referred to as 'Tribunal' by way of filing M.A.C.P. No.410 of 2016 claiming compensation of Rs. 20,00,000/- with 12% annual interest.