NATIONAL INSURANCE COMPANY LTD Vs. GUDDI DEVI

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order /award dated 25/7/2009 passed by the Motor Accidents Claims Tribunal, Mainpuri in Claim Petition No. 318 of 2006, filed by the claimant- respondent Nos. 1 to 7 under Section 166 of the Motor Vehicles Act, 1988 on account of the death of Ram Prakash in an accident which took place at about 5.45 p.m. on 14.5.2006.

(2.) It was, inter-alia, averred in the Claim Petition that on 14.5.2006 at about 5.45 p.m., the deceased Ram Prakash with his wife Smt. Guddi Devi, Balister Singh, Prem Chandra, Raj Kishore and others while returning after attending a marriage ceremony in village Dalelpur at the place of the sister of the deceased,was waiting for vehicle on the road -side on GT Road, Kurawali- Etah Marg, a Mini Truck Tata 407 DL-1LG 391,which was coming from the direction of Etah and was being driven by the Driver rashly and negligently, hit the said Ram Prakash, resulting in his death on the spot. The Driver ran away with the said Mini Truck, i.e., the vehicle in question from the spot. The accident was witnessed by Smt.Guddi Devi and others. The First Information Report was lodged in regard to the accident, which was registered as Case Crime No. 174 of 2006 under Sections 279, 304A, Indian Penal Code in Police Station Kurawali, District Mainpuri. The deceased was aged 34 years at the time of his death and was a healthy person. The deceased was an agriculturist and was carrying on the business of sale and purchase of buffaloes, and his monthly income was not less than 7,000.00 rupees. An amount of Rs.24,25,000.00 with interest @ 12 % per annum was claimed as compensation in the Claim Petition.

(3.) Joint Written Statement was filed by respondent Nos. 8 and 10. The Appellant- Insurance Company also filed its Written Statement.