NATIONAL INSURANCE COMPANY LTD. Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) THIS is an appeal against award dated 20.12.1996, passed by Sri D.D. Upadhyay, IVth Additional District Judge/Motor Accident Claims Tribunal, Lakhimpur Kheri in M.A.C.P. No. 8 of 1994, Rajendra Prasad v. Narendra Misra and Anr.

(2.) THE facts relevant for disposal of this appeal are that on 5.8.1993 respondent No. 1 Rajendra Prasad was carrying passengers on his tango. driven by a mare. He was boarding some passengers at village Dhasarapur police station Fardhan district Kheri when Maruti car No. U.H.T. 9272 came from the side of Gola Gokaran Nath. It was owned by Narendra Misra and Virendra Misra, respondents 2 and 3. The Maruti car hit the tanga and consequently some passengers received injuries. The mare also received injuries and died after the accident. Rajendra Prasad also received injuries in this accident. The Maruti car was insured with the National Insurance Company, present appellant. Rajendra Prasad filed two claim petitions, one in respect of the injuries received by him which was M.A.C.P. No. 7/94 and other was M.A.C.P. No. 8/94 in respect of death of his mare. Both these claim petitions were heard and decided by the Claims Tribunal by a common award dated 20.12.1996. In that award the Presiding Officer awarded a sum of Rs. 10,000 as compensation to Rajendra Prasad for the injuries received by him and Rs. 15,000 for the loss suffered by him due to death of his mare. No appeal has been filed by the insurance company or by owner against the award of Rs. 10,000 as compensation in M.A.C.P. No. 7 of 1994, and present appeal has been filed by the insurance company against the award of Rs. 15,000 as compensation in respect of death of mare.

(3.) NONE has appeared for the respondents even after revision of the cause list inspite of being represented through counsel.