PHULBASI DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The claimants-appellants have filed this appeal for enhancement of the amount of compensation. Briefly stated the facts are that on 3.8.1987 at about 9.15 a.m. Jagat Narain Verma, husband of appellant No. 1 and father of appellant Nos. 2 to 5, while going on foot, was dashed by truck No. UTE 1327. He succumbed to his injuries. The claimants-appellants filed claim petition No. 75 of 1987 with the allegations that the accident was caused due to rash and negligent driving by the driver of the truck in question.

(2.) The claim petition was contested by the owner of the truck as well as the insurance company. They denied that the accident was caused due to rash and negligent driving of the driver of the truck. They further pleaded that the amount claimed was excessive.

(3.) The Tribunal, on consideration of material evidence placed before it, came to the conclusion that the accident was caused due to rash and negligent driving of the driver of the truck and awarded a sum of Rs. 1,18,655 as compensation along with interest of 7 per cent on the amount so awarded.