RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. GYANWATI

JUDGEMENT

(1.) This appeal under Section 173 Motor Vehicle Act(For short 'Act') has been filed by Reliance General Insurance Co. Ltd against the award passed in Motor Accident Claim Petition No. 224 of 2011 (Smt. Gyanwati and Ors. Vs. Reliance General Insurance Co. Ltd. And Ors.) on 2nd February, 2012 by Motor Accident Claim Tribunal / Additional District Judge, Barabanki, Court No. 35 (hereinafter referred to as 'Tribunal'), wherein the petitioner-respondent no. 1 and 2, the parents of deceased Sunit Kumar Verma, were awarded compensation of Rs. 5,16,500/- with pendente lite and future simple interest @ 9 % per annum.

(2.) The factual matrix in short for deciding this appeal is that a petition under Section 163(A) Motor Vehicles Act has been filed by respondent nos. 1 and 2, the parents of Sunit Kumar Verma, aged about 20 years. Sunit Kumar Verma, being pillion rider on a motorcycle bearing registration No. UP-41/H- 2825 driven by his brother Arjun Singh was going to Safdarganj for taking medicine. When motorcycle reached near Hotel Rambabu in village Indhaulia on 13th April, 2011 at about 12.00 noon, bus of respondent no.3, having registration no. UP-41/T-4562 under control of Uttar Pradesh State Road Transport Corporation (for short UPSRTC) coming from opposite direction in a rash and negligent manner hit the motorcycle. In this accident both motorcyclist and pillion rider received injuries. However, Sunit Kumar Verma succumbed to injuries on the same day during his treatment.

(3.) In petition filed under Section 163(A) of the Act a sum of Rs. 3,71,000/- has been claimed as compensation with interest at the rate of 12 % . The deceased was said to be a labourer and also cultivating land on contract basis (Batai). He earns about Rs. 4,000/- per month.