SMT. SUSHMA GUPTA Vs. SMT. SIYA PEYARI

JUDGEMENT

(1.) Heard Mr. N. K. Seth, Senior Advocate assisted by Mr. Ashish Chaturvedi, learned counsel for claimant-appellant and Mr. Anil Srivastava, learned counsel appearing on behalf of respondent no.3, the Oriental Insurance Company. The other respondents being clearly proforma in nature have not put in appearance.

(2.) First Appeal from Order has been filed under Sec. 110-B of the Motor Vehicles Act, 1939 against the judgment and award dtd. 7/9/2000 passed in Motor Accident Claim Petition No.83 of 1987 whereby the claim arising out of death of the accident victim has been allowed awarding a sum of Rs.6,89,500.00.

(3.) From a perusal of the impugned judgment, it is apparent that the claim petition had been filed for awarding a sum of Rs.30,00,000.00 along with interest at the rate of 18% per annum as compensation. The accident is said to have occurred on 26/4/1987 at about 1:00 a.m. when the deceased Rakesh Gupta along with others was travelling in an Ambassador car and met with an accident with a petrol tanker coming from the opposite direction resulting in fatal injuries to Rakesh Gupta who subsequently succumbed to the injuries while admitted in the hospital. Initially, a claim petition had been filed by the parents of the deceased but the same was dismissed as not pressed. Subsequently, the present claimants/appellants being the widow and daughter of the deceased have filed the claim petition.