ORIENTAL INSURANCE COMP LTD. Vs. BADRI PRASAD

JUDGEMENT

(1.) Heard Shri U.P.S. Kushwaha, learned counsel for the appellant and Shri R.U. Pandey for the respondents-claimants.

(2.) This appeal has been preferred by the Insurance Company being aggrieved against the award dated 09.10.2007 passed by the Additional District Judge, Court No. 10/Motor Accident Claims Tribunal, Sultanpur in Claim Petition No. 234 of 2006 (Badri Prasad and others v. Mohd. Israr and Ors.), whereby the Tribunal has awarded a sum of Rs. 2,32,000/- alongwith 9% interest on account of death of the minor daughter of the claimants-respondents No. 1 and 2.

(3.) Briefly the facts giving rise to the above appeal are that on 26.09.2006 Kumari Puja was travelling on her bicycle returning from her school namely Triloki Nath Inter College to her home and at around 04:15 PM when she had reached the house of one Rambali Jaiswal, at that relevant time an Indica Car bearing UP-44-K-3606, which was being driven rashly and negligently became out of control and hit the bicycle of Kumari Puja, who was on the left side of Patri. In the aforesaid accident, Kumari Puja sustained grievous injuries and she was immediately taken to the District Hospital, Sultanpur where the doctor declared her brought dead. It was stated that Kumari Puja was a bright student and on account of her death, her parents claimants No. 1 and 2 suffered mental shock and accordingly it is in respect thereof that Claim Petition No. 234 of 2006 was preferred before the Tribunal.