ORIENTAL INSURANCE COMPANY LTD. Vs. CHANDRAPAL SHARMA

JUDGEMENT

(1.) Heard Sri V.C. Dixit for the appellant - Insurance company, Sri Satish Chandra Tiwari holding brief of Sri Sanjay Shukla for the claimants. None has appeared for the owner.

(2.) By means of this appeal, the Insurance company challenges the judgment and award dated 23.5.2007 passed by Motor Accident Claims Tribunal, Aligarh, (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 261 of 2006 awarding a sum of Rs. 8,23,000/- with interest at the rate of 6 per cent.

(3.) The brief facts go to show that on 11.6.2006 at about 05.00 p.m. deceased Nootan Sharma was riding his motor-cycle with his sister Beena Sharma as a pillion rider bearing no. UP-86-B-6633. Both brother and sister were coming to their village and when they reached Bhagwan-ki-Gadi, Nootan Sharma went for his natural call and at that point of time, a tractor bearing no. UP-81-P-7457 came and dashed the said vehicle whereby both of them were knocked down and the impact were such that Beena Sharma died on the spot. An F.I.R. was lodged against the driver of the tractor and the claimants filed the claim for Rs.19,22,000/-.