NEW INDIA ASSURANCE COMPANY LTD. Vs. MADHU GUPTA

JUDGEMENT

(1.) This is an appeal by the Insurance Company assailing an award by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.13, Kanpur Nagar passed in Claim Petition No.236 of 2004 dtd. 19/8/2008, granting the claim and awarding a sum of Rs.4,85,000.00 to the claimants together with interest, payable by the Insurance Company.

(2.) Ramu Gupta was a chaat vendor. He would sell his wares on a mobile cart (thela). On the 10th of February, 2004, Ramu Gupta parked his cart in the night hours at the Bhadoria Crossing, situate in Nehru Nagar, Kanpur Nagar and was cycling his way back home. As he reached near the Kanha Shyam Hotel, located at the G.T. Road and was about the petrol pump there, Truck No. MP-09KA-4228, hit him from the rear with full impact. Ramu along with his bicycle was thrown to the ground and died on the spot. The truck was given a chase by Raj Kumar son of Dularey Ram Verma, who was riding his motorcycle. Another, Nand Kishore son of Lal Deewan, who was riding pillion with Raj Kumar, caught up with the offending truck near the Gurudev Talkies and noted down its registration number. But, the truck driver was successful in making a get away.

(3.) A First Information Report was lodged by one Deepak Kumar, an employee with the petrol pump against an unknown driver. When the deceased's wife came to know of the particulars of the truck, she went to the police station and conveyed the number of the offending truck. The information regarding the number of the offending truck was also sent by registered post to the Senior S.P., Kanpur Nagar by the deceased's wife on 20/2/2004.