UNITED INDIA INSURANCE CO. LTD. Vs. SMT. BABY

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act has been filed by the appellant Insurance Company challenging the judgement and award dated 4.3.2016 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 17, Kanpur Nagar awarding a sum of Rs.11,72,360/- as compensation to the claimant-respondents along with 7% simple interest from the date of making of the application till actual payment.

(2.) Facts are that claimant-respondents made an application seeking compensation to the tune of Rs.32,71,300/- along with 12% interest on the allegation that Pramod Kumar Yadav after completing his duty on 20.7.2013 at about 6-7 p.m. while returning back home sitting on a motorcycle as pillion rider being driven by Santosh Kumar Yadav was hit by a loader bearing registration no. U.P.-78CN-1873 coming from wrong direction being driven in rash and negligent manner, on account of which the driver of the motorcycle Santosh Kumar Yadav and the pillion rider Pramod Kumar Yadav both suffered serious injuries and were taken to Hailet Hospital where both of them died. At the time of accident, deceased Pramod Kumar Yadav was about 24 years and was earning about Rs.11,300/- per month from private job and dairy business. Claim petition was filed by deceased's wife and parents.

(3.) Proceedings were contested by the owner and the driver of the offending vehicle as well as the Insurance Company by filing written statement.