NEW INDIA ASSURANCE CO. LTD. Vs. ANIL KUMAR

JUDGEMENT

(1.) The Insurance Company has come up in Appeal under Sec. 173 of the Motor Vehicles Act, 1988 assailing the award dtd. 7/8/2019 passed in Claim Petition No. 81 of 2018 by Motor Accident Claims Tribunal/Additional District Judge, Court No. VI, District Barabanki solely assailing the quantum.

(2.) Sri Anchal Mishra, learned counsel for the appellant has submitted that upon the death of Smt. Sunita on 1/11/2016, a Claim Petition bearing No. 81 of 2016 came to be filed. The averments of the claim petition indicated that Smt. Sunita being the pillion rider was traveling along with her husband Anil Kumar on his motorcycle bearing No. UP 32HF 8507. While the said couple had reached near Makarpur Petrol Pump, P.S. Loni Katra, District Barabanki, the offending truck bearing No. UP 83 H 9611 being driven rashly and negligently hit the motorcycle, as a result, Smt. Sunita received grievous injuries and she died on the spot.

(3.) It was further pleaded that Smt. Sunita was a proficient housewife and was also running a Tea Stall and was able to earn Rs.6,000.00 per month from the said Tea Stall and she contributed towards the household work and that was valued at Rs.3,000.00 per month and consequently the loss was indicated as Rs.9,000.00 per month. The deceased was survived by her husband Anil Kumar, son Pramod Kumar and a daughter Ms. Priya.