SONIA Vs. JALEEL

JUDGEMENT

(1.) These two appeals are preferred against the same judgement one FAFO No.265 of 2022 on behalf of the claimants for enhancement of amount of compensation and another FAFO No.100 of 2014 by United India Insurance Co. Ltd. for setting aside the impugned judgement.

(2.) The impugned judgement was passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Saharanpur on 7/10/2013 in MACP No.146 of 2012, Smt. Sonia and others Vs. Jaleel and others by which the claim petition of the claimants was allowed and Rs.4,79,000.00 compensation was awarded with 6% per annum rate of interest.

(3.) The brief facts of the case are that aforesaid claim petition was filed due to the death of deceased Subhash Chand @ Subhash Kumar in a road accident. It is submitted in petition that on 24/6/2012, the deceased was going from his village with his Bhabhi-Smt. Rachana by Motorcycle No.UP-11 AD 9794. At 07:30 PM when he reached near village Chhibna, a tractor trolley No. UP 11 AC 8341 came from the opposite side which was driven by negligently and rashly by its driver. Deceased stopped his motorcycle at the left side of the road but the tractor driver hit the motorcycle. In this accident, deceased sustained fatal injuries and died on way to the hospital. Owner of the tractor and Insurance Company filed their respective statements. Learned Tribunal allowed the petition and awarded Rs.4,79,000.00 with 6% rate of interest as compensation.