THE ORIENTAL INSURANCE CO.LTD. Vs. SMT. MAYA

JUDGEMENT

(1.) This first appeal has been filed by the Insurance Company against the order and award dated 20.08.2007 passed by the Motor Accident Claim Tribunal, Court no.2 Unnao, whereby the tribunal has awarded an amount of Rs. 5,69,200/- as compensation with interest @ of 6% per annum in M.A.C.P. No.274 of 2002 Smt. Maya & Others v. Mohd. Farukh & others.

(2.) One Kamlesh Kumar Tiwari died on account of injuries sustained in motor accident which occurred on 23.03.2002 at about 4.30 p.m. with Marshal Jeep No. U.P. 32Z-7214 collided with the scooter of deceased Kamlesh Kumar Tiwari. The widow of the deceased Smt. Maya and two minor children filed a claim petition for an amount of Rs. 8 lakhs with interest before the Accident Claim Tribunal, Unnao. The tribunal after giving an opportunity of hearing to the opposite party and after examining the witnesses produced by the parties and after considering the relevant records which were filed before the Tribunal decided by the impugned order and judgement dated 20.08.2007 and awarded of total amount of Rs. 5,69,200/- with interest of 6 % per annum and directed the respondent no.2/appellant-Oriental Insurance Company to pay the amount within two weeks, failing which the amount will be recovered according to law.

(3.) Aggrieved by the order, the present appeal has been filed on the ground that the accident resulted in the death of the deceased Kamlesh Kumar Tiwari and it was a hit and run accident and the witnesses, produced or examined by the complainant had never seen the occurrence. Further the annual income as calculated by the learned Tribunal is not based on sound reasoning with further argument that the multiplier which has been applied by the Tribunal is not correct and not in accordance with settled law.