NATIONAL INSURANCE COMPANY LTD Vs. KEWAL KRISHNA ARORA

JUDGEMENT

(1.) Heard Sri Anand Kumar Sinha, learned counsel for the appellant- National Insurance Company, Sri S. Shekhar, learned counsel for respondent nos.1 & 2 and Ms. Nirja Singh, learned counsel for the respondent no.3.

(2.) This appeal under Sec. 173 of Motor Vehicle Act has been filed by the National Insurance Company/opposite party no.2/appellant challenging the judgment and order dtd. 28/9/2009 passed by Additional District Judge/Special Judge (SC/ST)/M.A.C.T, Ghaziabad by which a sum of Rs.12,70,406.00alongwith 6 % interest has been awarded as compensation on account of death of deceased against the appellant.

(3.) Facts in brief are that an application u/s 166 and 140 M. V. Act was filed by the claimant/respondent no.1 and 2 seeking compensation to the tune of Rs.42,66,000.00 alongwith 18% interest alleging that on 9/3/2005 deceased Vikas Arora S/o claimant was returning to his home from his office by motorcycle and when he reached near Mohan Nagar police outpost, Ghaziabad at 7:00 P.M. a truck bearing no. AS 01 F 4749 driven by its driver rashly and negligently dashed him from behind causing injuries to him as a result he died on the same day in the hospital. F.I.R. in this regard was lodged by the brother of deceased on the same day at police station concerned against unknown driver of the said truck bearing no. AS 01 F 4749 as Case Crime No.189 of 2005, under Sec. 279, 304AI.P.C.