NEELAM GUPTA Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Heard Shri Ankur Mehrotra, learned counsel for the appellants and Sri Amit Singh, learned counsel for the respondent-insurance company.

(2.) This appeal, at the behest of the claimants, challenges the judgment dtd. 3/1/2020 passed by Presiding Officer Motor Accident Claims Tribunal, Ghaziabad (hereinafter referred to as 'Tribunal') in Claim Petition No.464 of 2010 awarding a sum of Rs.27,19,838.00 with interest at the rate of 7% as compensation.

(3.) The accident is not in dispute. The respondents concerned have not challenged the liability imposed on them. The issues to be decided are the quantum of compensation awarded and whether deceased was also negligent in causing the accident. The deceased along with the claimants were going for worshipping at the temple of Kaila Devi on the fateful day i.e. 7/7/2010 when the deceased who was driving the Maruti Wagon R No UP 14 R 5355 was driving the vehicle on its correct side at about 11 hours when the vehicle reached Village Bada Gaon, Vehicle No.RJ34 G 0950 being driven on wrong-side rashly and negligently dashed with the Maruti Car. The driver due to accidental injuries was in critical condition and no local hospital admitted him, he was shifted to Appolo Hospital Delhi where he succumbed to the injuries. The claimants contended that the accident occurred due to the negligence of driver of the other vehicle. The FIR was lodged against the driver of the offending vehicle. The deceased was an Engineer by profession in LG Electronic India Private Limited and was having a salary of Rs.31,184.00 per month. The deceased was a bachelor and was 26 years of age. The deceased left behind him his father, mother and sister. The driver and the owner of the other vehicle involved in the accident did not appear before the tribunal nor they have appeared before this Court.