NATIONAL INSURANCE CO. LTD. Vs. NEELAM

JUDGEMENT

(1.) Heard, Shri R.C.Sharma, learned counsel for the appellant. None appeared for the respondents even in the revised list.

(2.) The instant First Appeal From Order under Section 173 of the Motor Vehicles Act, 1988 has emanated from the judgment and award dated 30.03.1996, passed in Motor Accident Claim Petition No.19 of 1994 (Smt.Neelam and others Versus Sohan Lal Tandon and others) by the Motor Accident Claims Tribunal/IV Additional District Judge, Hardoi. By the impugned judgment and award in appeal the learned Motor Accident Claims Tribunal (hereinafter referred as MACT) has awarded compensation of Rs.1,20,000/- to the legal heirs of the deceased Daya Shanker as per the apportionment made in the order.

(3.) Brief facts of the case giving rise to the instant appeal are that the deceased Daya Shanker was going from Mallawan to Hardoi on 26.10.1993 by Bus No.USD-3940. The accident occurred at about 6.30 p.m. due to collision between the Bus No.USD-3940 and Tractor No.UP-30-5741. On account of accident, the deceased suffered serious injuries and he died. Therefore the claim petition No.19 of 1994, claiming compensation, was filed by his wife Smt.Neelam @ Dayawati and the minor daughters and son, namely, Km.Anupam, Rahul, Km.Ruby and Km.Suchi and the widow mother of the deceased Smt. Rama Devi against the owner of the vehicles and the Insurance Companies, namely, the Oriental Insurance Company and the National Insurance Company.