NEW INDIA ASSURANCE COMPANY LTD Vs. BEENA BHATTA

JUDGEMENT

(1.) THE First Appeal From Order has been filed against the judgment and award dated 6-8-2005 passed by the Motor Accident Claims Tribunal, Lucknow in C. P. No. 515 of 1999.

(2.) THE facts giving rise to the present ap peal are that on 30-9-1999, at about 1. 30 a. m. , when the husband of respondent No. 1 was going to Kanpur along with Ravi Wahaal in the Santro car of the latter bearing No. UP-32 AA 1188, the car met with an accident near Village Ashakheda, Police Station Sohramau, caused by truck No. UP92 B 0141, which was coming from the opposite direction and was being driven rashly and negligently. On ac count of the accident, the husband of the re spondent No. 1 received grievous injuries and he died on the spot. THE husband of the re spondent No. 1 expired on account of rash and negligent driving of the truck. On these allegations, a claim petition was preferred before the Motor Accident Claims Tribunal, claiming compensation. THE Motor Accident Claims Tribunal proceeded to decide the claim and passed an award of Rs. 10, 89, 500/ -. Feel ing aggrieved with the said order, the appel lant has filed this appeal.

(3.) WE have heard the learned counsel for the parties and gone through the record.