NEW INDIA ASSURANCE CO LTD Vs. SUMAN SINGH

JUDGEMENT

(1.) This first appeal from order under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 28.8.2004, passed by Motor Accident Claims Tribunal, Lucknow, allowing the claim petition and directing the appellant, the New India Assurance Company Ltd. to pay a sum of Rs. 3,33,300 as compensation along with interest @ 9% per annum with effect from the date of filing of the claim petition.

(2.) It is undisputed that vehicle TATA SUMO U. P. 32 X8822 which is owned by Lt. Colonel G. G. Goswami, respondent No. 5 was being driven by Shri Rakesh Kumar on 4.12.2001 and while it was on way, from Lucknow to Shrawasti, tyre of the rear wheel of the vehicle accidentally burst off, with the result, the vehicle was disbalanced and upturned towards left. With the result, Shri Rakesh Kumar, driver as well as the other persons who were in the said vehicle, sustained injuries. Shri Rakesh Kumar, who was seriously injured, was taken to the hospital, where his treatment continued for five days, but he died on 8.12.2001.

(3.) Claimants respondents 1 to 4 filed a claim petition for compensation which was contested by the appellant denying its liability for payment of compensation.