ORIENTAL INSURANCE CO. LTD. Vs. VINOD KUMAR GUPTA

JUDGEMENT

(1.) Heard Sri Anil Srivastava learned counsel for the appellant, Sri Vinod Gupta, learned counsel for the opposite party No.1 to 4 and Sri Prabhakar Tiwari, learned counsel for the opposite party No.5. None appeared for opposite party No.6 and 7. Perused the record.

(2.) Present appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred against the impugned award dated 8.5.2008, passed by the Additional Sessions Judge, F.T.C.8/Motor Accident Claims Tribunal, Lucknow in Claim Petition No.188 of 2000.

(3.) The accident occurred on 11.1.2000. When the claimant along with his wife and other family members were travelling in a tempo with registration No. U.P.-32- T-5803 to Chandrika Devi Temple, next to Bansal Brick Kiln, near Nandana Power House, a Bus (undertaking by U.P.S.R.T.C.), with registration No.U.P.-32-Z-1611, coming from reverse direction, hit the tempo at about 1:30 p.m., and ran away. In the said accident, the claimant's younger son Himanshu Gupta, aged about 13 years, a student of class-8, suffered serious injuries. The family members rushed to nearby hospital and from there, to the Medical College, and admitted in Emergency Ward. On 12.1.2000 at 1:30 p.m., Himanshu Gupta succumbed to injuries. F.I.R. was lodged and claimants approached the Tribunal. The Tribunal framed[ 2 ] different issues with regard to accident necessary for adjudication and held that Insurance Company shall be liable to pay compensation of Rs. 2,41,500/-. Feeling aggrieved with the impugned award, the appellant approached this Court under appellate jurisdiction.