UNITED INDIA INSURANCE COMPANY Vs. MAMTA RANI

JUDGEMENT

(1.) This First Appeal From Order by the Insurance Company is directed against a judgment and award of the Motor Accidents Claims Tribunal/Special Judge (S.C./S.T. Act), Bulandshahr dtd. 21/3/2013, ordering the appellant-Insurance Company to pay compensation to the claimant-respondents in the sum of Rs.36,80,222.00 together with interest.

(2.) A cross-objection, being Cross Objection No. 48 of 2021, has been preferred by the claimants, seeking enhancement of the compensation. The cross-objection was presented beyond time by five years and fifty-one days. It was accompanied by a delay condonation application. The delay was condoned vide order dtd. 20/1/2022 and the cross-objection admitted to hearing.

(3.) The facts giving rise to this appeal are that on the 23rdof February, 2011, Shyamveer was proceeding on his motorcycle bearing Registration No. UP-14L-2487 from Sikandrabad to Town Gulawathi, both situate in the district of Bulandshahr. As he reached a certain Dholi Pyau near village Sanauta at about 02:00 p.m., a Bolero SUV bearing Registration No. HR-66/1186, proceeding from the opposite direction, that is to say, from Gulawathi to Sikandrabad, driven at a high speed and negligently in a wayward fashion, hit Shyamveer's motorcycle head on. Shyamveer was moving on the left hand side of the road, more on to its pavement. The impact caused Shyamveer to sustain a number of grievous injuries, in consequence whereof, he died on the spot, without opportunity for the extension of medical aid.