NATIONAL INSURANCE COMP LTD Vs. VINDHA DEVI

JUDGEMENT

(1.) THIS first appeal from order filed under 173 of Motor Vehicles Act has been preferred against the judgment and award dated 24.8.2007 passed by Motor Accident Claims Tribunal/Additional District Judge (Court No.6), Faizabad in Claim Petition No. 46 of 2006 whereby claim petition was allowed with compensation of Rs. 2,35,500/ - to be paid to claimant.

(2.) BRIEFLY stated facts are that on 7.7.2004 at about 00.15 A.M., one Bhola resident of village Ghatampur, P.S.Cantt, district Faizabad was going to West Bengal from Lucknow with loaded truck no. DL -1GB/0502. Near Saket Petrol Pump, Chinhat situated on Faizabad Road, a speeding truck no. UP X -2089 coming from the opposite side dashed the truck no. DL -1GB/0502, as a result of which truck of Bhola overturned, caught fire and Bhola died in the incident. Bindha Devi, widow of Late Bhola, filed petition against the owner of the truck and insurer for compensation of Rs. 20,28,000/ -. At the time of death, age of the deceased was 36 years. Insurer denied the allegation of claim petition for want of knowledge of incident and alleged that due to rash and negligent driving, this incident took place.

(3.) ON the pleadings of the parties, trial court framed following seven issues: -