VIMLA DEVI Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Heard Shri Aditiya Singh Parihar, learned counsel for the claimants and Shri S. K. Mehrotra, learned counsel for the Insurance Company. None appears for owner or driver of the vehicle.

(2.) Both these appeals arise out of the same award/decree. The First Appeal From Order No. 3659 of 2018 is preferred by the original claimants for enhancement of compensation whereas First Appeal From Order No. 2679 of 2015 has been filed by the Insurance Company with which the vehicle was insured challenging the findings as far as fixing their liability, compensation granted and on ground of contributory negligence of deceased.

(3.) Brief facts as culled out from the record are that in the night of 29/30/5/2011 Haridas Gautam, Vijay Gautam and Pankaj Kumar Sharma were returning to their home from Lucknow in a Maruti WagonR car bearing registration No. U.P-51/N-6061 which according to the petitioner was driven by respondent No. 3- Shiv Shankar @ Pappu. On 30/5/2011 at 4:00 a.m when they reached ahead of petrol pump of village Rithiya on Lucknow Main Road driver Shiv Shankar @ Pappu was driving the car rashly and negligently when he saw a vehicle coming from opposite side and with presumption that his car can collide with the coming vehicle he moved his car to very left of his side due to which the car collided with the railing of the road side culvert as a result of which Haridas Gautam and Vijay Gautam sustained several injuries on the other hand Pankaj Kumar Sharma and driver Shiv Shankar @ Pappu sustained minor injuries. Haridas Gautam and Vijay Gautam were taken to the District Hospital for treatment where Haridas Gautam succumbed to his injuries and Vijay Gautam was treated for his injuries.