NEW INDIA ASSURANCE CO. LTD. Vs. LAJJAWATI

JUDGEMENT

(1.) This is an appeal by the Insurance Company, challenging an award of the Motor Accident Claims Tribunal/ the Additional District Judge, Court No.9, Mathura dtd. 9/1/2014, awarding compensation to the claimant-respondents, on account of a fatal motor accident, where one Heera Singh Chaudhary lost his life.

(2.) The facts giving rise to this appeal are thus: According to the claimant-respondents, who are respondent nos.1 to 5 to this appeal and shall hereinafter be called 'the claimants', Heera Singh Chaudhary was a Junior Engineer with the Department of Irrigation, Government of U.P. posted at Etah. On 4/9/2011 for the purpose of tail-feed work, he was supervising the removal of shrubs, garbage etc., blocking water passage under the culvert, situate at the Khitauli Turn on the Amapur-Sahwar Road, Etah. At about 2:30 p.m., a truck bearing Registration No. UP-80F-9381, driven negligently and at a high speed, approached from the Etah side. It hit Heera Singh Chaudhary and ran him over. In consequence, Heera Singh Chaudhary sustained grievous injuries and was conveyed for medical aid to the Sahwar Hospital, but declared dead by the doctors there. His dead body was subjected to autopsy at Etah. Since the accident had occurred within the local limits of Police Station Sahwar, District Kashiram Nagar, Case Crime No. 323 of 2011, under Ss. 279, 337, 338, 304A IPC, was registered there.

(3.) It is the claimants' further case that the deceased Heera Singh Chaudhary was an able bodied and healthy man. He was employed with the Department of Irrigation as a Junior Engineer. He was drawing a monthly salary of 52,041/-, which ? was the source of livelihood for the family. The entire family, that is to say, the claimants, who are dependents of Heera Singh Chaudhary, have plunged into a financial crisis and their future turned bleak. Accordingly, the claimants have preferred the present claim.