BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. OMWATI

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 4.5.2010 passed by the Motor Accidents Claims Tribunal, Etawah in Motor Accident Claim Case No. 518 of 2008 filed by the claimant Respondent Nos. 1 to 7 on account of the death of Rajendra Singh @ Chotey in an accident which took place on 21st July, 2008 at about 4.30 P.M.

(2.) The case of the claimant Respondent Nos. 1 to 7 was that on 21st July, 2008, the said Rajendra Singh @ Chotey was going from his village Sarai Bhopat Katekheda to Etawah on Vikram Tempo bearing Registration No. UP 75 K9253; and that the Driver of the said Vikram Tempo was driving the same rashly and negligently; and that when the said Vikram Tempo reached about 2 kilometers on Jaswant Nagar Etawah Road towards East of the said village, then the said Vikram Tempo overturned on account of rash and negligent driving by its Driver, as a result of which the said Rajendra Singh @ Chotey sustained serious injuries and another person died on the spot; and that after the accident, the said Rajendra Singh @ Chotey was admitted in the District Hospital, Etawah where after treatment for 56 hours, he was referred to Agra; and that the said Rajendra Singh @ Chotey was admitted in B.M. Hospital, Kamla Nagar, Agra where his head was operated on 24th July, 2008; and that during his treatment at Agra, the said Rajendra Singh @ Chotey died on 26th July, 2008; and that First Information Report in regard to the accident was lodged in Police Station Civil Lines, District Etawah, which was registered as Case Crime No. 273 of 2008, under Sections 279, 337 and 304A Indian Penal Code; and that the said Rajendra Singh @ Chotey was a healthy young man aged about 34 years, and he was in job as Labour in Veer Surendra Yadav Gas Service, Tundla, District Firozabad where he was getting wages about Rs. 3500/per month, and he was also earning Rs. 2000/per month from agriculture.

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