LAWS(ALL)-2006-9-110

NATIONAL INSURANCE COMPANY LTD Vs. MITHLESH

Decided On September 26, 2006
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
MITHLESH Respondents

JUDGEMENT

(1.) RAJEEV Gupta C. J. This is insurer's appeal against the Award dated 20-01-2004, passed by the Motor Accident Claims Tribunal/additional District Judge, Roorkee, Haridwar in Motor Accident Claim Case No. 25 of 2003.

(2.) THE claimants, who are unfortu nate widow, minor children and mother of deceased Rajendra Kumar Sharma, claimed compensation of Rs. 35,10,0007-for his death in the motor accident on 19-02-2003 when his motor-cycle bearing registration No. UP 10-B 3669 was dashed by the offending vehicle bus bearing reg istration No. UMU 9904 resulting in mul tiple serious injuries to Rajendra Kumar Sharma, who succumbed to those injuries immediately after reaching the Civil Hos pital. THE claimants further pleaded that Rajendra Kumar Sharma was getting sal ary of Rs. 13,045/- as teacher in a Gov ernment College.

(3.) THE Tribunal, on the evidence led by the parties, held that Rajendra Kumar Sharma died on account of the injuries sustained by him in the motor accident on 19-02-2003; the accident occurred due to the rash and negligent driving of the driver of the bus; and the insurer of the bus was liable to pay compensation to the claim ants.