NATIONAL INSURANCE CO LTD Vs. MANJU DEVI

JUDGEMENT

(1.) Present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the impugned award dated 4.8.2009, passed by the Motor Accident Claims Tribunal/Addl. District Judge, Court No. 4, Lakhimpur Kheri in Motor Accident Claims Petition No. 44 of 2008.

(2.) Controversy, in brief, relates to an accident occurred on 26.1.2008. The deceased Rajesh Kumar was driving his Marshal Geep No. U.P. 32 Z/8334 on the way from Lucknow to Lakhimpur Kheri. At about 7.00p.m., when the vehicle arrived near Sitapur towards Lakhimpur, on account of failure of steering of Geep, the vehicle lost its balance and overturned in the pit adjoining the road. Rajesh Kumar was seriously injured and later on, he was admitted to Ayush Nursing Home from where, he was referred to Lucknow. On his way to Lucknow, Rajesh Kumar succumbed to the injuries near Bakshi-Ka-Talab. After Panchayatnama, he was cremated in his own district Lakhimpur Kheri. The deceased was head of the family leaving behind his widow wife and son. He used to drive the vehicle on monthly salary of Rs. 5000/-and keeping in view the expected age of 70 years, the claim petition was filed for compensation to the extent of Rs. 42,00,000/-.

(3.) The owner of the vehicle Om Prakash filed his written statement and stated that the vehicle is registered with R.T.O. Office and insured with National Insurance Company. On the date of accident, the vehicle was insured.