NATIONAL INSURANCE CO. LTD. Vs. SUBHAWATI DEVI

JUDGEMENT

(1.) Heard Shri Amit Manohar, learned counsel for the appellant and Shri Shesh Narain Mishra, learned counsel for the opposite parties.

(2.) This appeal has been filed against the judgement and award dated 18.02.2011 of Motor Accident Claims Tribunal /Additional District Judge, Court no. 1, Basti in MACP No. 105 of 2006 in which the learned Tribunal has awarded Rs. 4,66,940/- as compensation along with 6% simple interest per annum from the date of institution of the claim petition.

(3.) The factual matrix of the case is that an accident took place on 22.05.2006 at 10:30 PM, deceased Bhaagwat Prasad Dubey with other employees of his department was in the Jeep and was coming after attending a marriage function to Basti. In village Bankata near railway crossing when the driver of the Jeep U.P.-51H/1300 driving the Jeep rashly and negligently tried to overtake the tractor trolly, the right portion of the Jeep dashed with trolly and because of that the Jeep got uncontrolled and overturned in a pit. The person in the Jeep sustained injures and 4 of them died on the spot including Shri Bhaagwat Prasad Dubey. The Information was given by the owner of the Jeep to shift his responsibility on the tractor trolly stating the tractor trolly is responsible for the accident and on the basis of the written report, Crime No. 806 / 06 under sections 279, 337, 338, 304A IPC was registered for the accident. The driver of the Jeep was completely responsible who was driving the Jeep very rashly and in a very dangerous way resulting in accident. At the time of accident deceased Bhaagwat Prasad Dubey was 38 years in age and he was Class-IV employee in Rajkiya Nalkoop Vibhag and his monthly income was Rs. 6342/-. Therefore this claim petition was filed by his wife and minor daughter and sons.