SHRIRAM GENERAL INSURANCE COMP LTD. Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) Shriram General Insurance Company Limited has filed this first appeal from order under Section 173 of the Motor Vehicles Act, 1988 (for short ''Act'), challenging the judgment and award dated 22.03.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Faizabad in MACP No.158 of 2012 (Smt. Shakuntala and another v Mohd. Tahir and another).

(2.) The deceased, Radheshyam alias Arun Jaiswal, is the son of the claimants, respondent nos.1 and 2 herein. On 15.05.2012, at about 6:45 in the morning, the deceased was travelling by a tempo (Vikram) bearing No.UP 42 T 9474 on the Raunahi-Deorhi road. The tempo met with an accident in which the tempo overturned. As a result of the accident, Radheshyam alias Arun Jaiswal died on the spot.

(3.) The respondent nos.1 and 2 filed a claim petition under Section 166 of the Act against the appellant and the owner, respondent no.3 herein, claiming compensation to the tune of Rs.21,22,000. They pleaded that the accident was caused due to the rash and negligent driving of the Vikram tempo, which is owned by respondent no.3. At the time of his death, the deceased was 23 years old and he worked as a helper to the accountant at a liquor shop in Deorhi bazaar, earning Rs.10,000 per month. The claim was contested by the appellant as well as by the respondent no.3.