NATIONAL INSURANCE COMP LTD Vs. DEEPALI PAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 21.10.2008, awarding a compensation of Rs.40,09,133/- alongwith interest @ 7.5% per annum from the date of petition i.e. 06.02.2007 till payment, failing which, the insurance company has been directed to pay penal interest @ 9% per annum.

(2.) The facts, in short, are that the deceased, aged about 39 years, who was a Textile Engineer and posted as Marketing Manager in Reliance Industries Ltd. At Gurgaon, Haryana, was travelling in a Hyundai Santro Car on 25.06.2005 bearing Registration no.UP-58/A-3600. The car was being driven by the driver Sarveshwar Tripathi and one employee of his company, namely, Sharad Nigam was also travelling alongwith him in the said car. At about 11:30 p.m., when the car was on Faizabad-Barabanki road at village Udhauli near Hotmix plant, a fallen tree was obstructing the road and driver of the car moved towards right on a narrow strip of the road in a rash and negligent manner, but in his attempt, he failed and collided head-on with a rashly driven truck. In the accident, severe injuries were sustained by the driver and two riders of the car, in which, the deceased Shyama Pal and driver Sarveshwar Tripathi succumbed to their injuries on the spot. The injured person, namely, Sharad Nigam lodged an FIR, which was registered as Case Crime no.129/2005 under Sections 279, 337, 338 and 304-A IPC at Police Station- Safdarganj, District Barabanki.

(3.) During the course of investigation, the truck owner and the driver could not be traced out and so the police submitted a final report under Section 173 Cr.P.C. The claimants claimed compensation under various heads. Thereafter, the respondent no.1 being the owner of the car, admitted the factum of accident and also the death of the deceased and the driver of the offending car.