NEW INDIA ASSURANCE COMPANY LIMITED Vs. KUSUMA

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.7.2011 passed by the Motor Accidents Claims Tribunal, Chitrakoot in Motor Accident Claim Case No. 14/70 of 2009 filed by the claimant-respondent no. 1 on account of the death of Rajdhar, husband of the claimant-respondent no.1, in an accident which took place on 5.1.2009 at 7.00 P.M.

(2.) The case set-up in the Claim Petition was that on 5.1.2009, the said Rajdhar and the sons of the claimant-respondent no. 1 were waiting near Malin Tanki for vehicle to return from Bada Teer Purwa Mazra Kharaund to their house; and that a Tractor bearing Registration No. UP 96A/5980 (hereinafter also referred to as "the vehicle in question") coming from the direction of Karvi and being driven by its Driver rashly and negligently, crushed the said Rajdhar causing him serious injuries; and that the said Rajdhar was admitted to the hospital but he died during his treatment.

(3.) The claimant-respondent no.1 as well as the sons of the deceased Rajdhar (respondent no. 4 to 7 herein) were dependent on the deceased Rajdhar.