NATIONAL INSURANCE CO. LTD. Vs. BRIJRANI

JUDGEMENT

(1.) Heard Sri S.K. Mehrotra, learned counsel for the appellant and Sri R.K. Porwal, learned counsel for the respondents.

(2.) This first appeal from order filed under Sec. 173 of Motor Vehicle Act, 1988 (hereinafter called as ''Act of 1988') arises out of judgment and decree/ award dtd. 1/4/2000 passed by Motor Accident Claims Tribunal/ VIIth Additional District Judge, Etawah in Motor Claims Petition No. 151 of 1995 awarding Rs.1,57,000.00 along with 9% annual interest from the date of judgment till the date of actual payment.

(3.) Facts in nutshell, are that deceased Jaswant Singh was travelling on Truck bearing number USS-6158 on 28/3/1995 along with his brothers, owner of the truck and the driver to carry peel of acacia tree, when the truck on which the deceased was going met with an accident with another Truck bearing number BHB-3561 coming from the opposite direction. The deceased, Jaswant Singh and his brother sustained severe injuries, and were taken to hospital at Etawah for medical treatment where he succumbed to injuries and unfortunately died on 9/4/1995. The deceased, Jaswant Singh was bachelor and claim petition was filed by his mother, Brijrani and two surviving brothers, Ajab Singh and Charan Singh.