RAMESH KUMAR PANDEY Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been preferred by the husband and his two minor daughters, challenging the award of Motor Accident Claims Tribunal dated 30.5.2011 passed in M.A.C.P. No.234 OF 2010, awarding Rs.3,29,500/- as compensation, on account of death of late Sangeeta Pandey on 23.6.2010 and have sought enhancement of compensation. The award of the tribunal has been accepted by the insurance company and no appeal has been preferred by it.

(2.) On 23.6.2010 at about 8.00 AM in the morning the deceased while was going to Shiv Dayalganj for medical treatment, she met with an accident on account of rash and negligent driving of truck bearing registration no. UP42-T/8128 on Ayodhya Katra Road at its trisection at Katra Bhogchand in front of Sachin PCO, Police Station Nawabganj, District Gonda. Deceased was hit by the speeding track and she sustained serious injuries and while she was being taken to District Hospital, Faizabad, she died in the way. Claim under section 166 of the Motor Vehicles Act was raised by the husband and two minor daughters against the insurance company and the owner of the vehicle with the allegation that the deceased was aged about 25 years of age and she was engaged in sewing and stitching work and was having monthly income of about Rs.8,000/-. Under different heads amount of compensation of Rs.19,33,000/- was claimed.

(3.) The owner of the vehicle contested the claim by pleading ignorance of the accident, however, it was stated that the vehicle was ensured with Oriental Insurance Company Ltd. and that the vehicle was being driven by Anil Kumar , who had a valid driving licence. Insurance Company also filed its written statement and various objections were raised to the effect that the sum claimed was excessive, first information report, postmortem report, charge sheet etc. since have not been filed, therefore, the claim was liable to be rejected.