NATIONAL INSURANCE COMPANY LTD. Vs. NAND RANI

JUDGEMENT

(1.) Heard Sri S. C. Gulati, learned counsel for the appellant, and Sri Rajendra Jaiswal, learned counsel for the opposite party No. 1 to 3. None appears on behalf of the opposite party No. 4.

(2.) Present appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred against the impugned award dated 4.5.2002 passed by the Motor Accident Claims Tribunal/Special Judge, Kanpur in M. C. A. No. 305 of 2000.

(3.) The claim petition preferred by the claimant respondents is in view of the accident occurred on 30.10.2000 whereby the deceased was returning to village Roopha from village Chandra within the premises of police station Maholi, District Sitapur. While he was returning to his village on his cycle, a Truck No. A-S-25/B-1907 coming from Shahjahanpur being driven rashly and negligently, hit the deceased. As a consequence thereof, he succumbed to injuries on spot. An F. I. R. was lodged and the claimants approached the Tribunal for payment of compensation. The Tribunal framed issues with regard to insurance cover, accident and driving license and arrived at the conclusion that the accident occurred because of rash and negligent driving of the truck by the driver and awarded compensation to the tune of Rs. 1,82,000.00.