NATIONAL INSURANCE CO LTD Vs. SEEMA DHAL

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and perused record.

(2.) Present appeal under Section 173 of Motor Vehicles Act, 1988, has been preferred against the impugned Award dated 24.2.2007, passed by the Motor Accident Claims Tribunal/District Judge, Lakhimpur Kheri in MAC No. 19 of 2001 (Smt. Seema Dhal and Anr. v. Shyam Sunder and Ors.).

(3.) One Jagdish Dhal, son of Nanak Chandra, resident of Punjabi Colony, City Lakhimpur, District Kheri aged about 30 years, was coming on his Scooter No. U.P. 31 -A/4625 after visiting Hanuman Temple to his town Lakhimpur. On 30.5.2000, while he was on his way, at about 12:30 P.M. on Lakhimpur-Sitapur Road, near village Saraiya a Truck No. DIL 1359 driven rashly and negligently, hit the scooter. In connection thereof, Jagdish Dhal succumbed to injuries on spot. An FIR was lodged and the dependents of deceased approached the Tribunal. Jagdish Dhal was having business of videography and photography in Lakhimpur Kheri. Smt. Seema Dhal and Master Sagar Dhal filed claim petition before the Tribunal.