NATIONAL INSURANCE COMPANY LTD Vs. SUNITA

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 15.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 596 of 2007 filed by the claimant-respondent Nos. 1 to 5 under Section 163A of the Motor Vehicles Act, 1988 on account of the death of Pramod in an accident which took place on 14th May, 2007 at 5.00 P.M.

(2.) The case of the claimant-respondent Nos. 1 to 5 was that on 14th May, 2007, the said Pramod alongwith two other persons as pillion riders was going on Hero Honda Motorcycle bearing Registration No. UP15 S-7846; and that when the said Pramod reached near village Rajauri Mod on Meerut-Qila Road at about 5.00.PM., the said Motorcycle due to misjudgment dashed against a wall of near-by Chabutra, as a result whereof, the said Pramod who was driving the said Motorcycle along-with the pillion riders fell down and sustained grievous injuries; and that the said Pramod was immediately rushed to the Meerut Medical College where he was declared dead by the Doctors. It was, inter alia, further averred in the Claim Petition that the age of the said Pramod at the time of the accident was 30 years and he used to earn Rs. 3,000/- per month as labourer; and that the registered owner of the said Motorcycle on the date and at the time of the accident was Ashok Kumar (respondent No. 6 herein); and that the said Motorcycle was insured on the date and at the time of the accident with the Appellant-Insurance Company.

(3.) The said Motorcycle has hereinafter been also referred to as "the vehicle in question".