UNITED INDIA INSURANCE COMP LTD Vs. ANITA MISHRA

JUDGEMENT

(1.) THIS First Appeal From Order under section 173 of the Motor Vehicles Act,1988 (for short "M.V.Act") has been filed by the United India Insurance Company Ltd, the appellant against the judgment and award dated 16.12.2009 passed by the Additional District Judge, Court No.8/Motor Accident Claims Tribunal (hereinafter referred to as "Tribunal), Lucknow in Motor Accident Claim Petition No. 202 of 2006, Smt. Anita Mishra and another Vs. Manoj Malviya (deceased) survived by legal heirs and two others, whereby compensation of Rs. 2,39.900/ - alongwith pendente lite and future simple interest at the rate of 6% per annum has been awarded to the claimants payable by the appellant -insurance company within one month from the date of award and in default thereof the compensation amount shall be payable at the enhanced rate of interest at the rate of 9% per annum.

(2.) IN this appeal quantum of compensation has not been disputed by the appellant.

(3.) BRIEF facts for deciding this appeal are that deceased Vindhyanchal Misra was coming on 1.10.1994 from the office situate at Vibhuti Khand, Gomti Nagar, Lucknow on his bicycle to his house (House No. 14/1214 Sector 14, Indira Nagar, Lucknow) and when he reached in front of Indian Oil Corporation Petrol Pump, Gomti Nagar Lucknow, Bye -pass Road, a Vikaram Tempo having registration no. U.P. 32 -A -9821 hit his bicycle at 8.00 p.m. Consequently, he fell down and sustained injuries. Thereafter he was admitted in Mahangar Hospital, where he was declared dead. The deceased was working as class IV post in Vaikalpic Urja Sansthan (NIADA), Vibhuti Khand, Gomti Nagar, Lucknow. FIR of this accident was lodged against Satish Charda Misra under section 279, 427 and 304A IPC at Police Station Gomti Nagar, District Lucknow. The legal representatives claimed compensation of Rs. 1,50,000/ - under section 166 of the M.V.Act.