ORIENTAL INSURANCE CO LTD Vs. SANTOSH KUMARI

JUDGEMENT

(1.) The appeal filed at the instance of the Insurer/Insurance Company seeks setting aside award dtd. 5/3/2014, rendered by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Lucknow in Claim Petition No.70 of 2007 Smt. Santosh Kumari and others versus Managing Director, UPSRTC and others.

(2.) The following substantial question of law arises for consideration in this appeal :

(3.) Facts of the case in brief are that Barati Lal (deceased) was going on his motorcycle, Registration No.UP32/BK 7301 at 6.30p.m. on 31/12/2006 via Mawaiya over-bridge from the side of Eveready Tri-Junction. Offending bus bearing Registration No.UP32/BN1735 being driven negligently came and hit the motorcycle of Barati Lal. Barati Lal fell off his motorcycle and sustained injuries of serious nature on his head. Barati Lal was moved to Trauma Centre, Medical College, Lucknow where he died at 11.00p.m. on 31/12/2006 itself.