ORIENTAL INSURANCE COMPANY LIMITED Vs. LALKA AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the appellant-Insurance Company and learned Counsel for claimants-respondents.

(2.) The instant First Appeal From Order has been preferred by the appellant-Insurance Company questioning the correctness of the judgment and award dated 02.05.2015 passed by the Motor Accident Claims Tribunal/ District Judge, Gonda (in short "the Tribunal") in Claim Petition No.113 of 2013 (Smt. Lalka and others v. Brijesh Kumar and others), whereby the Tribunal has awarded a sum of Rs. 48,82,470/- along with 7% simple interest in favour of the respondents-claimants.

(3.) Brief facts of the case are that on 14.01.2013 at about 6:30 PM, the deceased Akhilesh Chandra Dwivedi came to Bhambhua Market from his house by his Motorcycle and when he was parking his motorcycle, a Truck bearing Registration No.U.P. 32 T-8328, which was being driven by its driver rashly and negligently,hit Akhilesh Chandra Dwivedi, as a result whereof, he sustained serious injuries and fracture in his hands and legs; and the motorcycle also got damaged. The injured was taken to the District Hospital, Karnailganj where the treating doctor looking to the serious condition of the injured, referred him to Lucknow but during treatment, the injured succumbed to the injuries on 07.02.2013 at Sahara Hospital, Lucknow.