UNITED INDIA INSURANCE COMPANY LTD Vs. BHOLI BEGUM

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This appeal, under section 173 of the Motor Vehicles Act, has been filed against the award dated 31- 05-2006 passed by the Motor Accident Claims Tribunal / Addl. District Judge (hereinafter referred as Tribunal'), Nainital, in M. A. C. P. No. 245/2004, whereby the learned Tribunal had awarded a sum of Rs. 4,20,000/- as compensation alongwith interest @ 6% per annum to the claimants against the United India Insurance Company Ltd.-appellant.

(2.) BRIEF facts of the case are that the claimants-respondent nos. 1 to 3 had filed a claim petition before the Tri bunal, Nainital alleging therein that on 30-04-2004 the deceased-Hassan Khan took the truck to the village Hatua for loading the paddy husk and the truck was parked on the extreme roadside. The deceased was standing on the opposite side of the road. At about 11am, a Bus No. UP 26-8216 coming from side of Bithaura rashly and negligently dashed the deceased, due to which the deceased sustained severe injuries on his person. The deceased- Hassan Khan was shifted to District Hospital, Pilibhit but he could not survive. An FIR of the said accident was lodged at police station Gajraula, District Pilibhit. It was further alleged in the claim petition that the deceased was doing the business of paddy and wheat chaff. He was aged about 26 years and was earning Rs. 6,ooo/- p. m. at the time of incident. Hence, the claim had been preferred by the dependents of the de ceased. An amount of Rs. 26,00,000/- had been claimed as compensation.

(3.) FEELING aggrieved by this, the In surance Company- appellant has pre ferred the present appeal.