NEW INDIA ASSURANCE CO. LTD. Vs. SANJEEV KUMAR

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'M.V. Act') has been preferred by New India Assurance Company Ltd. against the award dated 07.10.2009 passed in Motor Accident Claims No. 22 of 2009 filed under Section 163 (A) of M. V. Act delivered by Sri Nisar Ahmad, Motor Accident Claim Tribunal / Additional District Judge, Court No.6, Faizabad (hereinafter referred to as 'Tribunal') wherein a sum of Rs. 4,12,500/- has been awarded as compensation with pendente lite and future simple interest at the rate of 6% per annum to the claimant-respondent Sri Sanjeev Kumar, who is the brother of deceased of this case namely Ajay Kumar @ Sintu.

(2.) Brief facts of the case are that on 12.01.2009 at 2.30 p.m., the deceased Ajay Kumar @ Sintu, who was the driver of Vikram Tempo having registration No. U.P. 42-T/5674, was going on the road of Rekabganj on Vikram Tempo. When he was proceeding from Ayodhya to Faizabad his Vikram Tempo has turned turtle, Ajay Kumar received injuries. When he was en-route to hospital succumbed to the injuries. The deceased Ajay Kumar @ Sintu was an unmarried young boy aged about 21 years. He was a driver and was getting Rs.3,000/- per month as salary.

(3.) Sudhir Kumar Malhotra respondent No.2 was the owner of Vikram Tempo bearing registration No. U.P. 42-T/5674 which was insured with appellant/ Insurance company on the date of accident.