UNITED INDIA INSURANCE CO. LTD. Vs. SHASHI PRABHA

JUDGEMENT

(1.) Heard Sri Saurabh Srivastava, learned counsel for the appellant and Sri Amar Chandra, learned counsel for the respondent- Claimants. This appeal mainly relates to compensation and therefore the owner, driver of the tempo and car owner and driver will not be concerned and therefore by consent of both the learned counsels we propose to dispose of this appeal as it relates to submission on negligence and only quantum.

(2.) This appeal, at the behest of the appellant-Insurance Company challenges the award dtd. 4/10/2001 passed by Motor Accident Claims Tribunal, Shahjahanpur, (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 254 of 2018.

(3.) Brief facts as culled out from the record are that on 14/5/2018 at about 8:00 p.m Indresh Kumar Singh was traveling in a tempo bearing no. U.P-32 CN-9011, at the same time driver of a car coming from opposite side bearing no. U.P.-32 HN-2292 driving his car negligently and rashly hits the tempo in which Indresh Kumar Singh was traveling and as a result of which Indresh Kumar Singh fell on the road and driver of the car drove the wheel of the car on his head and the deceased sustained grievous injuries . Injured Indresh Kumar Singh was taken to the Trauma Centre by the police where he was declared dead by the doctors.