NEW INDIA ASSURANCE CO. LTD. Vs. VINEETA

JUDGEMENT

(1.) The present first appeal from order has been filed against the judgment dated 30.1.2013 and decree dated 16.3.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.17, Kanpur Nagar (hereinafter referred as "Tribunal") in Motor Accident Claim Petition No.1311 of 2010, by which Tribunal has partly allowed the claim petition granting a compensation of Rs.4,15,000/- to claimants-respondent nos.1 to 4 with interest @ 6% per annum against The New India 2. Assurance Company Limited (hereinafter referred as "Insurance Company"). Feeling aggrieved, appellant- Insurance Company has preferred this appeal.

(2.) The brief facts relating to the case are that claimants-respondents filed claim petition No.1311 of 2010 seeking compensation of Rs.10,98,000/- with averments that on 7.11.2010 Kamal Kishore, the husband of claimant-respondent no.1, son of claimant-respondent nos.2 and 3 and father of claimant-respondent no.4 was going on motorcycle No.U.P. 78 CA 4226 of his relative, as a pillion rider from village Chirana to village Heeniya, Maharajpur along with his wife and at about 12:00 in noon when motorcycle reached within limits of P.S. Chakeri, a new Santro Car without any registration number being driven rashly and negligently came from opposite direction and dashed with motorcycle, resulting in badly damaged to motorcycle and grievous injuries to Kamal Kishore, who was taken to Hallet Hospital and succumbed to injuries at 3:00 a.m. on 8.11.2010.

(3.) It was also contended that deceased was earning Rs.7,000/- per month from work as Mason and at the time of accident, the Car in question was being driven by duly licensed driver Sanjay Singh and was duly insured with The New India Assurance Company Limited.