NATIONAL INSURANCE CO. LTD. Vs. LAKHOO DEVI

JUDGEMENT

(1.) Heard Sri P.K. Sinha, learned counsel for appellant/National Insurance Company Ltd. and Sri A.K. Singh learned counsel on behalf of claimants/respondents.

(2.) This appeal has been filed by the appellant-National Insurance Company Ltd. against the order dated 24.1.2015 passed by the Motor Accident Claim Tribunal/Additional District Judge (Court no.14) Allahabad in W.C.P. No. 715 of 2008 (Smt. Lakhoo Devi Vs. Kamlesh Kumar and others ) whereby the learned Tribunal has awarded Rs. 12,68,390.00 as compensation to be paid by appellant/National Insurance Company with simple interest @7% per annum thereon. Apparently deceased Onkar Nath Yadav was travelling on his cycle on 15.1.2008 at about 1 pm. on Kunda-Pratapgarh road near village Deehbalai when the driver of offending motor cycle having Registration No. U.P.72/J-5157 drove the vehicle in rash and negligent manner and hit bicycle of 49 years Onkar Nath Yadav who sustained injuries in the aforesaid accident and succumbed to those injuries on his way to hospital.

(3.) The petition under Sec. 166 of Motor Vehicles Act (hereinafter referred to M.V. Act) was filed. The Tribunal recorded the testimony of claimant respondent Lakhoo Devi, wife of the deceased and deposition of two eye witnesses, namely, Alok Kumar Yadav, P.W. 2 and Devendra Kumar, P.W. 3. After considering the oral testimonies of various witnesses, a documentary evidence placed on record and also relying on various judgments of Apex Court, namely, Sarla Verma Vs. Delhi Transport (2009) 6 SCC 121 and Santosh Devi and others Vs. National Insurance Company Ltd. And others reported in 2012 (3) TAC-1 SC and reported in 2013 (2) ACCD979 (SC) , the Tribunal allowed the claim petition and awarded Rs. 12,68,390.00 as compensation. This order is under challenge before this Court at the instance of insurer of offending vehicles.