NEW INDIA ASSURANCE CO. LTD Vs. RANI DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This is an appeal by the insurance company. The appellant is the insurer of bus bearing registration no.UP-93C-2348. The accident took place on 27.04.2009. The case of the claimant was that few persons, namely, Laxmi Narain and Jai Ram Sahu and others were travelling in tractor trolley going from Jhansi to their village. The tractor was going on its own side while the bus came from right side and hit the tractor trolley, as a result of accident, the tractor trolley turtled causing grievous injuries to the persons sitting in the tractor trolley. Jai Ram Sahu and Nand Kishore died and other persons suffered injuries. The first information report was lodged and site plan was prepared. Laxmi Narain, who was eye witness stated that the driver of the bus was driving the bus negligently and came to the wrong side and hit the tractor trolley. The site plan filed by learned counsel for the appellant is at page no.54 of the memorandum of appeal, also reveals that the bus came from wrong side and hit the tractor trolley. The accident was caused on account of the negligence of the driver of the bus. Tribunal on the basis of the principle laid down by the Apex Court in the case of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009 2 TAC 677has assessed the compensation.

(3.) Learned counsel for the appellant submitted that the claim was made under Section 163-A of the Motor Vehicles Act at Rs.2,81,500 while the Tribunal has awarded the compensation to the extent of Rs.3,93,500/= in excess to the amount claimed by the claimant which is not justified.