UNITED INDIA INSURANCE CO. LIMITED Vs. ISHANI

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of vehicle Mahindra Tractor No. UP-11-BJ-5905 against the impugned judgment and award dtd. 27/6/2025 passed by the Motor Accident Claims Tribunal, Saharanpur, whereby compensation of Rs.66,282.00 along with interest @ 7% per annum has been awarded in favour of minor claimant (Ishani) for the injuries suffered by her in an accident which occurred on 27/2/2021.

(2.) Factual matrix is that the injured was travelling with her minor brother Rocky aged about 7 years and parents on a motorcycle No. UP-11-BV-0260 on 27/2/2021 at about 3:00 p.m., a Mahindra Tractor No. UP-11-BJ-5905, which was being driven in a rash and negligent manner, came from behind and hit the above motorcycle, resulting in injuries to the minor children, father and death of the claimant's mother. In this accident, the claimant's left leg was fractured and she sustained injuries on other parts of her body. Besides this, the claimant's minor brother was seriously injured and her mother Smt. Shabnam was grievously injured, who succumbed to her injuries and died on 13/3/2021.

(3.) An F.I.R. was registered on 3/3/2021 at 19:33 hours being Case Crime No. 81 of 2021 at PS-Sarsawa, District Saharanpur, against the driver Anil Saini of the above tractor No. UP-11-BJ-5905 in which after investigation, a charge-sheet has been submitted against the above driver.