UNITED INDIA INSURANCE COMPANY LIMITED Vs. RANNO

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by insurer of the offending motorcycle No.UP-77-J-9116 against the impugned judgment and award dtd. 28/7/2025 passed by the Motor Accident Claims Tribunal, Kanpur Dehat in M.A.C.P. No.211 of 2018 (Smt. Ranno and another vs. Shri Naresh Singh and others), whereby compensation of Rs.6,64,800.00 alongwith interest @ 7.5% per annum has been awarded to claimants for the untimely death of Ram Lal on 6/6/2018 in a motor accident which occurred on 5/6/2018, which was ordered to be indemnified by the insurer of the above offending vehicle.

(2.) The factual matrix, in brief, is that on 5/6/2018, Ram Lal (deceased) was proceeding on foot from village Mohana, after purchasing ration, towards his native village Himmapurwa, then in front of the house of Om Prakash within the jurisdiction of police station Gajner, District Kanpur Dehat at about 8:30 a.m., he was hit by motorcycle No.UP-77-J-9116, which was being driven in a rash and negligent manner, resulting in grievous injuries to him, who subsequently was taken to Hallett Hospital, Kanpur Nagar, where he died during treatment on 6/6/2018 at 3:00 am. The F.I.R. regarding the accident was registered on 11/6/2018 at police station Gajner, District Ramabai Nagar being Case Crime No.161 of 2018, under Ss. 279, 304-A I.P.C. against Kuldeep, driver of offending motorcycle No.UP- 77-J-9116. The deceased was aged about 55 years at the time of the accident and was involved in farming, agriculture and milk selling business and was earning Rs.10,000.00 per month. The Tribunal has assessed his income at Rs.6,000.00 per month, deducted 1/3rd towards personal expenses, granted future prospects @ 10%, applied multiplier of 11, awarded Rs.15,000.00 each towards loss of estate and funeral expenses and Rs.40,000.00 towards loss of consortium.In this way, the Tribunal has awarded a total compensation of Rs.6,64,800.00 alongwith interest @ 7.5% per annum to the claimants, which has been ordered to be indemnified by the insurer of the offending vehicle No.UP-77-J-9116, aggrieved against which, the instant appeal has been filed by the Insurance Company.

(3.) In the above factual matrix, learned counsel for the appellant insurance company submitted that the accident was wholly doubtful. The F.I.R. discloses the name of the offending driver as Kuldeep but subsequently, after investigation charge sheet was submitted against Kalyan Singh. Learned counsel further submitted that the claimants have concealed the real age of the deceased and the Tribunal has awarded excessive compensation to the claimants. It was further submitted that there was delay in lodging the F.I.R. With these submissions, it was prayed that the appeal be admitted and decided on merits.