ORIENTAL INSURANCE COMP LTD Vs. DEV NARAIN UPADHYAY

JUDGEMENT

(1.) HEARD Sri B.C. Pandey, learned counsel for appellant and perused the record.

(2.) THE controversy involved in the present case in nut shell are that on 06.08.2002, Sri Rajesh Kumar Upadhyaya along with Amit Upadhyay, Brijesh Kumar Upadhyay and Dinesh Chandra Mishra were coming on Jeep No. U.P. 62 F 2771 from Upadhyay Pur, District Jaunpur, hwile the jeep reached Umrikhurd near Gayatri Petrol Pump, Dhakva Bazar, District Pratapgarh on Sultanpur -Jaunpur road reached, a Tractor No. U.P. 44 C 7534 which is coming from other side, due to rash and negligent driving has dashed the Jeep in question, as a result of which, Sri Amit Kumar died on spot and Sri Dinesh Chandra Mishra has also died. In order to claim the compensation due to death of Sri Rajesh Kumar, claim petition under Section 166 read with Section 140 of the Motor Vehicle Act has been filed by Sri Devendra Narain Upadhyay and Smt. Champa Devi/claimants, registered as MACP No. 145 of 2002 (Dev Narain Upadhyay and another Vs. Janjali Yadav and others). The Tribunal by means of the judgment and award dated 24.10.2007, allowed the claim petition thereby awarding compensation of Rs. 82,000/ - with 6% interest from the date of filing of the claim petition.

(3.) AGGRIEVED by the said fact, the present claim petition has been filed by Oriental Insurance Company.