SONAL GUPTA Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Heard Amitabh Agarwal, learned counsel for the appellants and Shri Nagendra Kumar Srivastava assisted by Miss Anubha Gupta, learned counsel for the respondents.

(2.) This appeal, at the behest of the claimants, challenges the judgment and award dtd. 29/7/2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Bareilly (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.662 of 2001 awarding a sum of Rs.54,500.00 with interest at the rate of 6% p.a. as compensation.

(3.) The brief facts as culled out from the record are that this claim petition was filed before the learned tribunal by the appellants on account of death of Jai Kishan Gupta in a road accident on 26/2/2001. It is averred in petition that on 26/2/2001, the deceased was travelling in Maruti Car No. UP 22 B 5032 from Badaun to Rampur via Bareilly along with his wife and son. The driver of the car was driving rashly and negligently. He was cautioned by the deceased and his wife but he paid no heed. Consequently, Car collided with a tree in District Bareilly. In this accident, the deceased sustained serious injuries. He was admitted in District Hospital and for better treatment he was being carried to Delhi, but on the way he died.