ORIENTAL INSURANCE CO. LTD. Vs. JAGDISH CHANDRA SRIVASTAVA

JUDGEMENT

(1.) Heard, Sri Anil Srivastava, learned counsel for the appellant and Sri Anoop Kumar, learned counsel for the respondent nos. 1 to 4. None appeared for the respondent nos. 5 and 6 despite sufficient service.

(2.) The instant appeal has been filed against the judgment and award dated 12.01.1999, passed by the President, Motor Accident Claims Tribunal, Sitapur in Motor Accident Claim Case No. 43 of 1992(Jagdish Chandra Srivastava and others versus Raj singh and others), by means of which the claim petition has been allowed and an amount of Rs. 1,35,000/- alongwith interest @ 12% per annum has been directed to be paid by the appellant/Insurance Company.

(3.) Brief facts of the case are that the deceased Abhishek Srivastava was going by rickshaw from transport Chauraha Sitapur towards Lalbagh on 05.03.1992 for filling of gas cylinder and when he reached in front of Nagar Palika, Sitapur towards the Lalbagh, the driver of truck No. H.R. 12/0489, who was driving the truck rashly and negligently, dashed him from the back side. The truck had dashed the rickshaw in front of Lal Kapda Kothi, in which the deceased Abhishek Srivastava suffered serious injuries, on account of which he died. The deceased was studying in B.Sc. Part II and he was a meritorious student. With the aforesaid allegations, the claim petition was filed claiming compensation.