UNITED INDIA INSURANCE CO LTD Vs. RAJNI KUMARI

JUDGEMENT

(1.) This is an insurer appeal challenging the award dated 27.02.2012 passed by M.A.C.T./Additional District Judge, Court No.6, Agra in M.A.C. no. 813 of 2010, whereby the compensation of Rs. 24,65,836/- have been awarded to Respondent Nos. 1 to 6 on account of death of 44 years' old army-man Ram Niwas.

(2.) It appears that on 6.9.2010 deceased Ram Niwas who was going from his Agra to Sachdeva Collge, Farah on his motor cycle and then Innova car registration no. DL 1YB-1528 hit him from behind, whereby he was seriously injured. He was taken to hospital, but he succumbed to injuries. The claimants alleged that deceased Ram Niwas was employed in 509 Army Workshop as Telecom Mechanic A-Grade and his monthly pay was Rs. 31,768/-. The claimants being the widow, parents and children of the deceased filed claim petition for compensation. The FIR of the accident was lodged by the father of the deceased in P.S. Farah against unknown driver of the aforesaid vehicle and the police after investigation submitted charge sheet against him. In support of the claim the claimants examined claimant no.1 Smt. Rajni Kumari as PW-1, eye witness Shri Niwas as PW-2, and S.K. Chakravarty as PW-3 to prove employment and income of the deceased and also filed several police papers, photo copy of the service book and pay slip of the deceased. The opposite parties did not examine any witness. The learned Tribunal after hearing the parties' counsel gave award as aforesaid.

(3.) We have heard learned counsel for the appellant at length and perused the impugned award and also the document filed by the appellant in support of appeal.