NATIONAL INSURANCE COMPANY LIMITED Vs. SUDHA KUMARI

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the insurance company of the offending Loader No. UP-75K-9134 against the impugned judgment and award dtd. 16/6/2025 passed by the Motor Accident Claims Tribunal, Etawah in MACP No. 14 of 2019, Smt. Sudha Kumari and others v. Sarvesh Kumar and another, whereby, compensation of Rs.5,70,000.00 along with interest at the rate of 7% per annum has been awarded to the claimants for the untimely death of Nand Kishore (deceased) in a motor accident which occured on 12/11/2018, which was ordered to be indemnified by the appellant insurance company.

(2.) Factual matrix is that on 12/11/2018 at about 01.00 P.M. between village Killi and Ritauli, within the jurisdiction of police station Basrehar, District Etawah, the deceased Nand Kishore was waiting for a conveyance to go to his village by the roadside, then suddenly a herd of 4-5 cows came in front of the offending vehicle Loader No. UP-75K-9134 and in order to save them, the driver of the loader lost control of the vehicle, which hit the deceased, who was standing by the roadside and thereafter, the offending Loader overturned. The deceased was taken to the District Hospital, Etawah and from there he was taken to PGI Safai, where he died during treatment. Regarding the accident, a G.D. entry No. 31 was recorded on 29/11/2018 in Police Station Basrehar, but the matter was not investigated.

(3.) The deceased was aged about 34 years at the time of the accident. He used to sell vegetables and was earning Rs.3,300.00 per month. The claimant filed claim petition under Sec. 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs.7,42,000.00. The tribunal has awarded a fixed compensation of 5 lacs towards loss of dependency, besides Rs.40,000.00 towards loss of consortium and Rs.15,000.00 each for loss of estate and funeral expenses. In all, the tribunal awarded Rs.5,70,000.00compensation along with interest @ 7% per annum, which has been ordered to be indemnified by the insurer of the offending vehicle.