UNITED INDIA INSURANCE CO. LTD. Vs. USHA

JUDGEMENT

(1.) This appeal has been preferred against the award dated 17.1.2014 passed by Motor Accidents Claims Tribunal/District Judge, Jhansi in Motor Accident Claim Petition No. 573 of 2011. The brief facts, which give rise to this appeal are that the claimants-respondents preferred Motor Accident Claim Petition No. 573 of 2011 for compensation on account of death of her husband and father, who expired on 19.9.2011 in an accident.

(2.) According to the claim petition, the claimant's husband and father Ramesh Kumar met with an accident on 19.9.2011 at 8.30 p.m. at Jhansi to Lalitpur road near the village Hansari while he was going to his house from Jhansi driving scooter No. UP 93 F-7347. At that point of time from the opposite direction (from Lalitpur side) offending truck bearing Registration No. UA 04 D 4980, which was being driven rashly and negligently by its driver, hit the scooter from wrong side whereupon the deceased received grievous injuries re-suiting in his death. The accident occurred due to rash and negligent driving of Truck only. After the accident, the Driver of the Truck fled away.

(3.) It has been further pleaded that deceased was a skilled driver, who was working as mason and used to earn Rs. 300/- to 400/- per day. It has been further stated that against the Driver of Truck, First Information Report was lodged at case crime No. 415 of 2011 under sections 279, 304-A, I.P.C. on the next day i.e., 20.9.2011. The Driver of the offending truck was bailed out and the Truck was also released by the Court. The claimants have been depending upon the income of the deceased but due to the death of the deceased, they have been deprived from their dependency.