UNITED INDIA INSURANCE CO.LTD. Vs. REETA SRIVASTAVA

JUDGEMENT

(1.) The present appeal has been filed by the appellant-United India Insurance Company Ltd., under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 17.08.2004 passed by the Motor Accident Claims Tribunal, Balrampur in MACP No. 33 of 2001.

(2.) The brief facts of the case are that on 07.11.1998, the deceased Sri Krishna Kant Srivastava was travelling in a Mahindra Jeep No. U.P. 45/2434 from Balrampur to Gonda and at the time of incident it was used as a good carrier vehicle. When the Jeep reached near sugar factory, at the bridge on Saryu Canal, from the opposite direction, a cyclist was coming. To save the cycle-rider, the driver of the Jeep took a sharp turn which resulted the overturn of the Jeep and fallen down in the water. The deceased died on the spot. So, the claimants-respondents have filed the claim petition before the Tribunal, who vide impugned award has awarded a total compensation of Rs.10,46,000/- along with interest @ 6% against the Insurance Company. Being aggrieved, the appellant-Insurance Company has preferred this appeal.

(3.) With this background, Sri T.J.S. Makkar, learned counsel for the appellant-Insurance Company has accepted the identity of deceased and the event of the accident. He also accepts that on the date of accident, the Jeep was registered with the appellant-Insurance Company and the driver of the Jeep was holding a valid driving license.