UNITED INDIA INSURANCE CO. LTD. Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) Heard, Sri T.J.S. Makkar, learned counsel for the appellant and Sri L.P. Shukla, II, learned counsel for the respondents.

(2.) The instant appeal has emanated from the judgment and award dated 31.08.2005 passed in M.A.C.T. No.127 of 2003 by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.7,Sitapur, by means of which the claim petition has been allowed and an amount of Rs.1,57,000/- with interest @ 5% p.a. has been awarded as compensation to be paid as provided in the order.

(3.) The facts in brief, for adjudication of the present case are that the deceased Naseer Ahmad, who was a carpenter had gone to Gujra Bajar by his cycle on the fateful day of 15.04.2003. While he was returning and reached near the village, a Marshall having registration No. U.P. 32 T-C/ 0331 which was going with a high speed from Sitapur to Lakhimpurkheri rashly and negligently hit the deceased at about 6:00 p.m. The vehicle and the driver were caught by the villagers. The deceased had suffered serious injuries and he was immediately admitted in District Hospital, Sitapur where he died between 8:00 -10:00 p.m. With the aforesaid allegations, the claim petition was filed claiming compensation. The claim petition was contested by the opposite parties denying the averments made in the claim petition.