UNITED INDIA INSURANCE COMPANY LTD. Vs. NEETU SONI

JUDGEMENT

(1.) This is a batch of three appeals filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 24.12.2013 passed by the Motor Accident Claims Tribunal/ADJ, Court No. 16, Lucknow.

(2.) An accident took place on 31.01.2012 at around 10:00 PM wherein Sri Anuj Kumar Soni, Yadu Nath @ Guddu and Sanjay Sharma, all three, were riding on a motorcycle bearing No. U.P. 32-BQ-9201 and while moving towards Lucknow from Atariya side, near Ram Avtar Dhaba, Bhitauli Wahad, P.S. Madion, District Lucknow, a truck bearing No. HR-38 D-1220 belonging to Sri Owais Khan and was said to be driven rashly and negligently hit the motorcycle from behind as a result the three riders of the motorcycle suffered grievous injuries and all three died on the spot.

(3.) The legal heirs of Anuj Kumar Soni preferred claim petition No. 101 of 2012 wherein by means of the award dated 24.12.2013, a sum of Rs. 6,95,000/- was awarded along with 7 % interest per annum from the date of filing of the claim petition till the date of its actual payment. This claim petition No. 101 of 2012 has given rise to F.A.F.O. No. 237 of 2014. In the aforesaid F.A.F.O. No. 237 of 2014, it was pointed out by the learned counsel for the private respondents that Smt. Rameshwari Devi had expired during the pendency of the appeal while her legal heirs are already on record as respondent nos. 1 and 2.