MANISH KUMAR SRIVASTAVA; NATIONAL INSURANCE COMP LTD Vs. NATIONAL INSURANCE COMP LTD THROUGH ITS BRANCH MANAGER LKO; MANISH KUMAR SRIVASTAVA AND ORS

JUDGEMENT

(1.) In a motor accident, Manish Kumar Srivastava (appellant of FAFO Nos.632 of 2010 and 633 of 2010) suffered bodily injuries and his son Anand Kumar Srivastava died. It happened on September 09, 2002 at 5.00 PM, when the appellant along with his son Anand Kumar Srivastava was going on a Bajaj Super Scooter, bearing registration No. U.P.-32-6764 to Power House near HAL, Lucknow and when they reached near Sabji Mandi, a Tata Qualis, bearing registration No. U.P. A.M. 8584, which was being driven by respondent No.2 rashly and negligently, going on Faizabad Road from Badshah Nagar side, hit the scooter and the driver of the offending vehicle (tata qualis) ran away after crushing the appellant and his son, as a result of which the appellant sustained fracture and grievous injuries, whereas his son died on the spot.

(2.) In order to get compensation, Manish Kumar Srivastava filed a claim petition No. 471 of 2003 on account of the injuries sustained by him. Another claim petition No. 531 of 2003 before the Motor Accident Claims Tribunal, Lucknow was filed for the death of his son in a motor accident on a public place.

(3.) In claim petition No. 471 of 2003, which was filed by Manish Kumar Srivastava (appellant) claiming compensation towards the injuries sustained by him in a motor accident, the MACT, vide award dated January 19, 2010, awarded him compensation to the tune of Rs. 3,10,000/- along with simple interest @6% from the date of filing the claim petition till its realization under the following heads:- <FRM>JUDGEMENT_129_LAWS(ALL)12_2017_1.html</FRM>