NEW INDIA ASSURANCE CO. LTD Vs. SHEILENDRA KUMAR

JUDGEMENT

(1.) THIS is an appeal arising out of the judgment and award dated 14.8.2002 passed by the Motor Accident Claims Tribunal/Additional District Judge, Lakhimpur Kheri, thereby awarding a sum of Rs. 4,42,500/- by way of compensation to the heirs of deceased Jitendra Kumar Singh.

(2.) A claim case was filed with the allegations that on 27.12.2000 at about 7 p.m. Jitendra Kumar Singh was going by a Maruti Van to Meerut. When he reached near village Rethani, a defective truck was standing by the side of the road and when the deceased tried to drive further by the side of the truck, Truck No. UP23/ 6696 came from opposite side, which was being driven rashly and negligently, and dashed Maruti Van being driven by Jitendra Kumar Singh, as a result of which he sustained injuries and ultimately died due to this accident.

(3.) THE opposite party filed written statement and admitted the factum of accident, but denied the manner in which the accident took place. It has further been pleaded that the deceased himself has contributed to the negligence and, therefore, the claimants are not entitled to claim compensation.