NEW INDIA ASSURANCE CO LTD Vs. RADHA

JUDGEMENT

(1.) The New India Assurance Company Ltd., opposite party appellant, has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 10.8.2009 passed by Motor Accident Claims Tribunal/Additional District Judge Court No. 1 Kanpur Nagar in Motor Accidents Claim Case No. 1064/2007 allowing compensation to the tune of Rs. 2,19,000/- to the claimants Smt. Radha and others for the death of Shivdas in a motor accident.

(2.) In brief the facts of the case are that the wife, daughters and sons of Shivdas filed a petition under Section 166 of the Motor Vehicles Act, 1988 for a compensation of Rs. 13,34,000/- for the death of Shivdas in a motor accident.

(3.) The claimants alleged that on 28.11.2007 Shivdas was standing on the road side near Shambhua crossing at Hamirpur Kanpur Road and was waiting for a vehicle so as to go to Kanpur. At about 8 AM truck No. UP78 AT-8340 came from the Ghatampur side. The truck was being driven rashly and negligently and the same after coming to the wrong side of the road hit the said Shivdas and thereafter overturned. Shivdas sustained injury and died at the spot. The first information report regarding this accident was lodged at P.S. Bidhnoo & was registered at crime No. 518/2007 for the offences under Sections 279, 337, 338, 304 A, I.P.C..