UNITED INDIA INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER, BAREILLY, THROUGH ASSISTANT MANAGER, ALLAHABAD Vs. SMT. SANGEETA SETH AND OTHERS

JUDGEMENT

(1.) The appellant has filed copy of claim petition filed by respondent nos. 1 to 2 before the Tribuna by way of supplementary affidavit, which is taken on record.

(2.) Challenge in this appeal is to the award dated 21.04.2012 passed by M.A.C.T./Additional District Judge, Court No.12, Bareilly in M.A.C.P. No. 247 of 2011, whereby a sum of Rs. 31,41,469/- with pendent elite interest @ 6% have been awarded to Respondent Nos. 1 to 3.

(3.) The appellant is the insurer of Maruti Van UP 25E/2023 and its driver has been found responsible for causing the accident by rash and negligent driving of the car which dashed with the motorcycle of the deceased on 09.02.2011 at about 10.40 P.M. It was alleged that seeing the Maruti Van the driver of the motorcycle parked his vehicle by the side of the road and Maruti Van knocked down the deceased and his wife and they were seriously injured. Vijay Kumar Seth who was accompanied by his wife had sustained injuries died on 17.03.2011. The widow and children of the deceased filed claim petition which had been allowed and the appellant had been directed to indemnify the award. Aggrieved the appellant has come up in appeal.