ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. KISHAN

JUDGEMENT

(1.) Heard Mr Rahul Sahai, learned counsel for the appellant and Mr S. D. Ojha, learned counsel for the respondents-claimants.

(2.) Instant First Appeal From Order has been preferred under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'Act' 1988) by the ICICI Lombard General Insurance Company Ltd, being aggrieved against the judgement and award dated 28.1.2013 passed by Motor Accident Claims Tribunal/Addl District Judge, Court No. 16, Muzaffar Nagar in Motor Accident Claims Petition No. 626 of 2011 (Kishan and others Vs Smt Khatoon and others), whereby the Tribunal has awarded Rs. 3,24,000/- as compensation for the death of deceased Vinod, aged about 22 years along with other technical damages together with 6 % simple interest thereon.

(3.) Brief facts of the case are that on 31.7.2017 deceased Vinod aged about 22 years was travelling on a motorcycle and as soon as he reached near the brick kiln his motorcycle dashed with a Tractor, which was being driven negligently and in excessive speed and in the alleged accident deceased died on way to Hospital. The claimants, thereafter, filed a claim petition under Section 140 and 166 of the Act was filed by the legal representatives of the deceased before the Motor Accident Claims Tribunal. Before the Tribunal, it has been alleged that the deceased was sole bread earner and he was engaged in the brick kiln and also in the profession of small scale business and thereby was earning about 20000/- per month and the claimants were totally dependent on him. The Tribunal after considering the evidence brought before it passed the judgement and award dated 18.1.2013 and assessed the compensation to the tune of Rs, 3,24,000/- with 6 % simple interest.