NEW INDIA ASSURANCE CO. LTD Vs. SHAIL KUMARI

JUDGEMENT

(1.) Heard Shri Rajiv Chaddha, learned counsel for the appellants, Shri Satya Deo Ojha, learned counsel for the respondents; and perused the record.

(2.) This appeal, at the behest of the insurance company, challenges the judgment dtd. 31/5/2000 passed by Motor Accident Claims Tribunal/IIIrd Additional District Judge, Etawah (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.290 of 1994 awarding a sum of Rs.8,06,000.00 with interest at the rate of 12% as compensation.

(3.) The brief facts of this case are that on 14/2/1994 one deceased (Krishna Kant Pandey) was going back from Bharthana to Auraiya by his Ambassador Car No.UHH-2100 at about 11.30 p.m. he reached near Madhupur Satiyapur where truck No.UPG-2108 was standing in the middle at the road without any lights on. As soon as Krishna Kant Pandey reached near the truck another truck came from the front with very bright lights on and his eyes got dazzled and he hit the truck no.UPG-2018 which resulted in the death of Sri Krishna Kant Pandey.