UNITED INDIA ASSURANCE CO LTD Vs. GEETA DEVI

JUDGEMENT

(1.) This is an insurer appeal challenging the award dated 31.01.2012 passed by M.A.C.T./Additional District Judge, Court No.3, Gorakhpur in M.A.C. no. 625 of 2009, whereby the compensation of Rs. 15,50,670/- have been awarded to Respondent Nos. 1 to 5 on account of death of 42 years' old railway-man Moti Lal.

(2.) It appears that on 10.10.2009 deceased Moti Lal was going from his house to attend his railway duty in Gorakhpur by Tempo UP-58T/1008 and when the Tempo reached Barhua at about 6.30 A.M. it turtled on account of rash and negligent driving of its driver. Several passengers including the Moti Lal sustained grievous injuries. They were taken to hospital Gorakhpur by the local police but Moti Lal succumbed to the injuries during transit. The claimants alleged that deceased Moti Lal was a Class-IV employee in railway and his monthly pay was Rs. 15,000/-. The claimants being the widow and children of the deceased filed claim petition for an award of Rs. 47.7 Lakhs. The FIR of the accident was lodged by the son of the deceased in P.S. Sahjanwa on 11.10.2009 against the driver of the aforesaid Tempo and the police after investigation submitted charge sheet against him. In support of the claim the claimants examined claimant no.1 Smt. Geeta Devi as PW-1, eye witnesses Krishna Nand Tiwari as PW-2, Mahendra Pratap Yadav as PW-3 and Rajeev Goyal as PW-4 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 driver of the Tempo Sudhakar Bharti examined himself as DW-1.

(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.