NATIONAL INSURANCE CO LTD Vs. PUSPA DEVI

JUDGEMENT

(1.) Heard Sri Radhey Shyam, learned counsel for the appellant and Sri Pradyumn Kumar, learned counsel for the respondent-claimants. None appeared on behalf of owner.

(2.) This appeal, at the behest of the National Insurance Co. Ltd., challenges the judgment and award dated 4.9.2008 passed by Motor Accident Claims Tribunal/Special Judge, Mainpuri (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 268 of 2002 awarding a sum of Rs.1,77,000/- with interest at the rate of 8% as compensation in favour of the respondent-claimants.

(3.) Factual scenario as it emerges for the purpose of this Court is that the deceased and one another person was found dead in Truck No. UP-84 2403 when they were going to load iron rods from Kanpur to Mainpuri. At about 12.45 p.m. on 7.6.2002, the owner was informed about this fact and he lodged a First Information Report. The claimants preferred claim petition claiming that the deceased was 35 years of age and was earning Rs. 4500/- per month and they had become destitute and, therefore, claimed Rs.17,50,000/- with 18% rate of interest.