NEW INDIA ASSURANCE COMPANY LTD Vs. BABITA

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the record.

(2.) This FAFO has been filed challenging the validity and correctness of the judgment and order dated 21.05.2012 passed by M.A.C.T./Additional District Judge, Court No. 5, Ghaziabad in M.A.C.P. No. 527 of 2007: Smt. Babita & others vs. Krishna Pal & others, by which a compensation of Rs.4,36,500/- has been awarded to the claimants-respondents in this appeal.

(3.) The facts culled out from the record are that Trilok Singh son of Sri Malkit Singh died in a road accident which is alleged to have been caused by Truck No. U.S.T. 7555. The claimants/respondents filed claim application on 24.10.2007 for compensation amounting to Rs.5,45,200/- through Smt. Babita wife of Malkit Singh and mother of respondent nos. 2 and 3 (minors). Smt. Babita also expired on 23.5.2011 during pendency of claim application, therefore, matter was prosecuted by Dilip Singh son of Sri Swarn Singh on behalf of respondents no. 2 and 3, being their only guardian. According to claim application, the age of Trilok Singh was about 29 years and his monthly income was Rs.3,300/- per month on which claimants were dependent.