LAWS(ALL)-2023-4-20

RAJWATI Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD.

Decided On April 06, 2023
RAJWATI Appellant
V/S
Iffco Tokio General Insurance Co. Ltd. Respondents

JUDGEMENT

(1.) Heard Shri Sanjay Singh, learned counsel for the appellants and Shri Ashish Gupta, learned counsel holding brief of Shri Pranjal Mehrotra, learned counsel for the respondent-insurance company.

(2.) The appeal arises out of a judgment and award dtd. 2/5/2018 rendered by the Motor Accident Claims Tribunal/District Judge, Bareilly, in M.A.C.P. No.452 of 2015 (Smt. Rajwati and others v. IFFCO Tokio General Insurance Co.Ltd. and others) partly allowing the claim of the claimants. This appeal has been filed by the claimants/appellants for enhancement of the amount awarded by the tribunal in the impugned judgment.

(3.) The brief facts of the claimants-appellants before the learned tribunal was that the deceased died of injuries sustained in an accident on 22/8/2015 which was caused entirely by rash and negligent driving of the driver of the offending vehicle of Tata-407 model bearing registration No.UK-08-CA/3528. The deceased was driving a motorcycle when the offending vehicle collided with him. The offending vehicle was insured by the respondent-insurance company. The claimants are dependant on the deceased. The deceased worked as a vegetable vendor. I. Compensation awarded by the learned tribunal: