NEW INDIA ASSURANCE CO LTD Vs. PRABHAWATI DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for respondent nos. 1 to 7 and perused the impugned award as also the papers filed along with the memo of appeal.

(2.) The appellant being insurer of dumper registration no. UP-58T 0494 has challenged the award dated 31.10.2012 passed by the Motor Accident Claims Tribunal/Special Judge (E.C. Act), Basti in M.A.C.P. No. 127 of 2009, Prabhawati Devi and others versus the New India Assurance Company Limited and others whereby compensation of Rs. 42,13,904/- together with simple interest at the rate of 7% per annum had been awarded to respondent nos. 1 and 3 to 7 on account of death of Pramod Kumar Tripathi a Junior Engineer, P.W.D., Santkabir Nagar in the instant motor accident.

(3.) It appears that on 15.4.2009, the deceased was travelling in jeep no. U.P-51, 4618 and when it reached near Haryana 'Dhaba' in the vicinity of village Kaniyara at about 5.30 P.M. the driver of dumper no. UP-58T, 0494 driving vehicle rashly and negligently dashed with the aforesaid jeep resulting in instantaneous death of Pramod Kumar Tripathi. Nine (9) other people travelling in the jeep also lost their lives in the accident. The report of the accident was given to P.S. Kotwali Khalilabad District Santkabir Nagar, on the basis whereof case crime no. 898/2009, under Sections 279,337,338 and 304A I.P.C. was registered against driver of vehicle no. UP-58T, 0494. It is alleged that the vehicle was owned by respondent no.3 and it was insured with the appellant.