RAJESH KUMAR Vs. NANHAKAI

JUDGEMENT

(1.) This is an owner's appeal, arising out of a judgment and award passed by the Motor Accident Claims Tribunal, awarding compensation to the claimants, but relieving the insurers of their liability.

(2.) The accident giving rise to this claim happened on 3/7/2009 at about 12:00 noon within the local limits of Police Station Mohanlalganj. The deceased, Ram Kumar alias Kunware was proceeding on a bicycle along with his daughter. As he reached the Dahiar Turn, a motorcycle bearing Registration No. UP-32CQ-7136 proceeded from the side of Mohanlalganj, which was driven at a high speed and negligently. It hit Ram Kumar, leading to grievous injuries. He was rushed to the Government Hospital, Mohanlalganj, but before any aid could be extended, he passed away. The claimants are six in number. Smt. Nanhakai is the deceased's widow, whereas Rupesh, Dileep and Sandeep are his sons. Km. Mamta and Km. Renu are the deceased's daughters. When the cause of action arose, out of the five children of the deceased, Rupesh alone was a major, aged 20 years. Dileep was aged 17 years, whereas Sandeep, 15. Km. Mamta and Km. Renu were aged 12 years and 8 years respectively. All the six claimants are arrayed as respondent nos. 1 to 6 to this appeal. The owner of the motorcycle is the appellant, whereas respondent no. 7, the National Insurance Company Limited through its Zonal Manager, Nawal Kishore Road, Hazaratganj, Lucknow is arrayed as respondent no. 7.

(3.) The claim petition was brought by the six respondents to this appeal, who shall hereinafter be called the 'claimants', arraying Rajesh Kumar and the National Insurance Company Limited as the two opposite parties. Rajesh Kumar shall hereinafter be referred to as 'the owner' whereas the National Insurance Company Limited aforesaid shall be called 'the insurers', unless the context necessitates a particular reference.