NEW INDIA ASSURANCE COMPANY LTD Vs. OMWATI DEVI

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 22.04.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 895 of 2009 filed by the claimant Respondent No. 1 on account of the death of Mange Lal in an accident which took place on 15.9.2007 at 3.15 P.M.

(2.) The case of the claimant Respondent No. 1 was that on 15.9.2007 at about 3.15 P.M., the said Mange Lal was carefully driving his Motorcycle on his side on Kharkhoda road; and that when the said Mange Lal reached near the field of Jagjeet in village Saidpur, Police Station Bhojpur, District Ghaziabad, a Truck bearing Registration No. HR 38D4206, which was being driven by its Driver rashly and negligently, came from the side, and hit the said Mange Lal as a result of which the said Mange Lal fell down on the road and sustained serious injuries, and consequently he died; and that the said accident took place due to gross negligence of the Driver of the said Truck; and that the said Mange Lal used to earn Rs. 17,873/per month.

(3.) The said Truck bearing Registration No. HR 38D4206 has hereinafter been also referred to as "the vehicle in question".