ORIENTAL INSURANCE COMP. LTD Vs. CHANCHALA

JUDGEMENT

(1.) The present First Appeal From Order is filed by the Oriental Insurance Company Ltd. against the judgment and award dated 16.04.2010, passed by learned Special Judge, SC and ST (P.A.) Act, Hardoi/Motor Accident Claims Tribunal in Motor Accident Claim Petition No. 83 of 2008 (Smt. Chanchala and Others Vs. Somendra Singh and Others) awarding a compensation of Rs. 4,10,000/- alongwith interest thereon @ 6 % to the claimant-respondent nos. 1 to 8 in this appeal.

(2.) The Motor Accident Claim Petition was filed by claimant-respondents No. 1 to 8, claiming compensation with regard to accident occurred on 02.04.2008, wherein Rakesh, husband of the claimant-respondent no. 1 when riding his motorcycle no. UP 27 J/9406 was dashed by a tractor, coming from back side, bearing No. UP 30B/4672 due to which he fell down on the road and got seriously injured. He was brought to the hospital where he died. Respondents no. 9 and 10 respectively, are the owner and the driver of the offending vehicle described herein-above.

(3.) For the purpose of brevity and convenience, the appellant-Oriental Insurance Company Ltd. shall, hereinafter be addressed as 'Insurer', claimant-respondents shall be addressed as 'Claimants' and the tractor alleged to have caused the accident due to rash and negligent driving will be addressed as 'offending vehicle' only.