RELIANCE GENERAL INSURANCE CO. LTD. Vs. RAVINDRA SINGH

JUDGEMENT

(1.) The appellant being insurer of truck HR-38L-2871 had challenged the award dated 30.11.2012 passed by M.A.C.T./Addl. District Judge, Court No.2, Muzaffar Nagar in M.A.C.P. No. 269 of 2011, whereby compensation of Rs. 31,38,120/- had been awarded to minor claimant Respondent Nos. 2 and 3 on account of death of their mother in the motor accident.

(2.) We have heard Sri S. K. Mehrotra, learned counsel for the appellant and perused the impugned award and also the papers filed with the memo of appeal.

(3.) It appears that on 22.12.2010 Smt. Sangeeta Nehra who was employed as Assistant Teacher in Gramodyan Junior High School, Village Barvala, District Muzaffar Nagar was coming back home after finishing her duty by driving Scooty bearing registration no. UP-12W-5866 and when she reached near Burahana road crossing the driver of truck HR-38L-2871 driving the vehicle rashly and negligently knocked down the scooty on wrong side of the road. Smt. Sangeeta Nehra was taken to hospital in injured condition where she died. The accident was reported to the police. The claimants being husband and two minor sons of the deceased filed claim petition for an award of Rs. 43.20 Lacs alleging that the monthly pay of the 41 years old deceased was Rs. 27,000/-. The offending truck was insured with the appellant and the claim petition was filed against the owner, driver and insurer of the offending truck. They contested the claim petition and led oral and documentary evidence. The opposite parties did not examine any witness. However, the appellant has filed newspapers dated 06.09.2012 and copy of registered A.D. sent to Public Information Officer, Basic Shiksha Parishad, Muzaffar Nagar. The Tribunal after appreciating the evidence on record and hearing the parties counsel has found that accident took place due to rash and negligent driving of the driver of truck HR-38L-2871 and there is no contributory negligence of the deceased. It was further held that the papers of both the vehicles involved in the accident and the driving license of drivers were valid and effective on the date of accident.