VIDYAWATI Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard Sri V.K. Dixit, learned counsel for appellant, Ms. Usha Kiran, learned counsel for United India Insurance Company Limited and Sri Rajeev Chaddha, learned counsel for New India Insurance Company Limited.

(2.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant, being aggrieved by order dated 30.10.1999 and decree dated 16.11.1999 passed by Motor Accident Claims Tribunal /IVth Additional District Judge, Shahjahanpurin MACP No.203 of 1996 awarding a sum of Rs.50,000/- only for death of breadwinner of the claimants.

(3.) Brief facts of the present case are that on 30.6.1996 Naresh Kumar was coming from Lucknow to Shahjahanpur in a car which was being driven by Pankaj Agarwal, son of the owner of Prasad Beej Bhandar. When the car reached at village Jumuki at about 10:45 p.m. within the limits of P.S. Rosa, district Shahjahanpur a truck No. URK-3809 was coming from the side of Shahjahanpur which was being driven by its driver rashly and negligently and dashed his case ( Tata Mobile No. UP-27/5179) due to which Naresh Kumar received grevious injuries and died on the spot. The FIR of this accident was lodged at P.S. Rosa on the same day at 11:30 p.m. at Crime No.153/96, under Sections 279/304A IPC. The postmortem on the dead body of the deceased Naresh Kumar was also conducted.The appellant has further alleged that the deceased Naresh Kumar was aged about 30 years of age on the date of accident and she has one son and two daughters. She prayed for award of compensation of Rs.3,15,500 before the Tribunal.