RELINCE GENERAL INSURANCE CO LTD Vs. BRAJESH DEVI

JUDGEMENT

(1.) This First Appeal From Order under Section 173 of the Motor Vehicle Act has been filed by the appellant - insurance company against the judgment and award dated 29.3.2014 passed by Motor Accident Claims Tribunal / Additional District Judge, Court No.4, Mathura in Motor Accident Claim Petition No.440 of 2010 (Smt. Brajesh Devi and others Versus Suresh Kumar Shastri and others) whereby the Tribunal has awarded compensation of Rs.23,11,000/- along with 7% simple interest per annum from the date of filing of the claim petition to the claimant-respondents fastening the liability to pay the compensation on the appellant - insurance company.

(2.) In the claim petition, the respondents set up a case that on 10.02.2008 at about 10.00 a.m.when the deceased was going to his village Salemabad, district Agra along with his wife, Smt. Brajesh Devi on motor-cycle and when they reached near Gate No.2 of Mathura Refinery on National Highway No.2, the driver of the offending car, bearing registration no.UP-85-S-0620, being driven rashly and negligently, hit the motor-cycle from the back side, causing grievous injuries to the deceased and also some injuries to Smt. Brajesh Devi, the pillion rider. The deceased was admitted in the hospital and during the course of treatment, he died on 14.12.2008.

(3.) It was the case of the claimants that the accident has been caused due to the sole negligence on the part of the driver of the offending car and rash driving. However, it is the admitted case that though Brajesh Devi, the wife of the deceased, who was pillion rider also suffered some injuries in the same accident but she did not file any claim petition.