PRATIMA SINGH Vs. RAJENDRA SINGH

JUDGEMENT

(1.) By way of this appeal, the claimants have challenged the judgment and award dtd. 2/11/2010 passed by Motor Accident Claims Tribunal/Additional District Judge, Varanasi (herein after referred to as "Tribunal') in M.A.C.P. No. 110 of 2008 awarding sum of Rs.29,98,950.00 as compensation to the claimants with interest at the rate of 6% per annum.

(2.) The brief facts of the case are that aforesaid claim petition was filed before learned Tribunal with the averments that the deceased Bharat Singh was husband of appellant/claimant No. 1, namely, Pratima Singh, who died in road-accident at the age of 38 years. The deceased was well-educated Software Engineer and he had served Indian Navy also. After retirement from Navy, he was working in Pune (Maharashtra) Based Geometry Software as operational head. Regarding the factum of accident, it is averred in the petition that on 28/4/2008, he was going from Varanasi to his place of service in Pune by his Indica Car bearing No. MH-12-CR-3962. At about 9 : 00 p.m., 4 km. away from Rewa (MP), the Truck No. MBJ 2099 dashed the aforesaid car, when the truck was being reversed by its driver at a very high speed without blinking the indicator-light and horn. In this accident, deceased-Bharat Singh sustained serious injuries due to which he died during the treatment in Sanjay Gandhi Hospital at Rewa (MP).

(3.) Heard Shri S.D. Ojha, learned counsel for the appellants-claimants and Shri Arun Kumar Mishra, learned counsel for the respondent No. 3-United India Insurance Co. Ltd. Perused the record.