LAWS(ALL)-2013-4-161

NEW INDIA ASSURANCE CO LTD Vs. SUNITA

Decided On April 09, 2013
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
Smt. Sunita and Others Respondents

JUDGEMENT

(1.) This first appeal from order challenges the award dated 19.01.2013 passed by the Motor Accident Claims Tribunal/Special Judge (Economic Offences), Etawah in M.A.C.P. No. 769 of 2010. By the impugned award Tribunal has awarded a sum of Rs. 19,39,390/- to the claimants fixing liability of payment upon appellant, as the offending vehicle.

(2.) The facts culled out from the record are that Dhurvir Singh @ Dhruva Singh aged about 49 years was Head Master in the primary school when he died in the accident in question which occurred on 09.10.2010.

(3.) The claimant-opposite parties no.1 to 6 preferred claim petition no. 769 of 2010 before the M.A.C.T. Etawah against the appellant company as well as O.P. No.7 the owner of Maruti Van U.P. 75B/4373 the offending vehicle in the accident. The claimants sought a compensation of Rs. 35,60,000/- along with 10% interest per annum under section 166 and 140 Motor Vehicles Act, 1988 on account of death of husband of O.P. No.1, and father of O.P. Nos. 2 to 4 as well as by O.P. Nos. 5 and 6 the parents of the deceased.