ORIENTAL INSURANCE CO LTD Vs. RATANSRI

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act ,1988 has been preferred by the appellant Oriental Insurance Company against the judgement and award dated 12.9.2005 passed by the Motor Accident claims Tribunal/ Addl.District Judge, Court no.1, Etawah awarding a sum of Rs. 3,21,500/- as compensation along with interest @ 6% per annum from the date of presentation of the claim petition i.e. 2.4.2002 till the date of payment.

(2.) The brief facts of the case giving rise to this appeal are as follows:

(3.) The deceased Ganga Ram (husband of claimant respondent no. 1) had gone to Bhogaon market on 1.6.1990 for purchasing cattle fodder on his Bicycle and while he along with his two brothers namely Gopal Das and Pyare Lal , who were also on their bicycles , was returning from Bhogaon market and reached near brick-kiln of Rajendra Singh Yadav on Bhogaon- Kurawali road, a Truck (NO. DIG-3991), hit the deceased from behind and was crushed to death. The deceased was earninga sum of Rs. 5500/- per month by running a business of milk dairy . The claimantsrespondents filed a claim petition before the Tribunal.