ORIENTAL INSURANCE CO LTD Vs. SABAI

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Jhansi, dated 21.8.2001 awarding Rs. 1,60,000 to the claimants-respondents as the compensation.

(2.) The claim petition was filed with the allegations that on 24.11.1994 while the deceased Ramju was going to Moth Samthar turning on truck No. UGP 4955 with his goods loaded therein, the truck tumbled down near the turning in between Chirgaon and Baral due to rash and negligent driving of the truck by its driver and Ramju, husband of claimant-respondent No. 2 and father of claimant-respondent Nos. 3 to 5, died in this accident. The appellant contested the claim petition on various grounds. The Tribunal after considering all the relevant aspects of the matter and the evidence on record, recorded its finding in favour of the claimants-respondents that the accident had occurred due to rash and negligent driving of the truck in question resulting into the death of Ramju who left behind him his widow and three minor children and awarded Rs. 1,60,000 to claimants-respondents as compensation. This order has been challenged in this appeal.

(3.) We have heard Mr. Saral Srivastava, learned Counsel for the appellant.