UNITED INDIA INSURANCE CO. LTD. Vs. RAJVEER SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved against the impugned judgment and award dated 28.7.2014 passed by the Motor Accident Claims Tribunal/Additional District Judge Kanpur Nagar in MACT No. 1150 of 2011 (Rajveer Singh and another v. Jai Singh Sachan and another) awarding compensation to the tune of Rs. 11,45,854/- along with interest @ 6% per annum to the respondents-claimants, inter alia, on the ground that awarded amount of compensation is excessive and also that the Tribunal has not calculated the compensation as contemplated in law.

(2.) The brief facts giving rise to the instant appeal are that on 12.9.2011 at about 3 p.m, while deceased Vikrant Singh was going from Vijay Nagar to his home (driving) by motor cycle, met with an accident near OFC Gate Kaalpi Road. At the time of accident, deceased was hit from behind by the motor vehicle/car (bearing Registration No. UP 78 BX-2707). Accident had occurred due to the rash and negligence driving of the driver of the said vehicle. Respondent No. 3 is the owner-cum-driver of the said offending vehicle. At the time of accident, the said offending vehicle was insured with the appellant. The age of deceased was 22 years. Deceased was bachelor and earned about Rs. 1,34,570/- per annum through property dealing. Respondents No. 1 and 2 (father and mother respectively) are the legal representatives of the deceased. On 29.9.2011, the First Information Report was lodged by respondent No. 1 against the driver of the said offending vehicle at Police Station Armapur. After investigation of the case, police submitted the charge-sheet under Sections 279, 338, 304-A and 427 IPC against the owner-cum-driver of the said offending vehicle. Post mortem of the deceased was conducted and doctor submitted the post mortem report on 13.9.2011.

(3.) Respondents-claimants No. 1 and 2 have examined three witnesses in support of their claim including Rajveer Singh, PW-1 (father of the deceased).