ORIENTAL INSURANCE COMP. LTD Vs. RANI

JUDGEMENT

(1.) This First Appeal From Order filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to ''Act' in short) against the judgment and award dated 26.04.2011 as well as order dated 23.03.2011, rejecting the application under Section 170 of the Motor Vehicles Act, 1988, preferred by the appellant in Motor Accident Claim Petition No. 232 of 2009, passed by Motor Accident Claims Tribunal (hereinafter referred to ''Tribunal' in short)/Additional District Judge, Court no. 6, Sultanpur, whereby, a compensation in favour of claimants-respondents to the tune of Rs. 4,17,500/- alongwith interest @ 7% per annum was awarded.

(2.) Brief facts of the case are that on 22.06.2009 at about 3:00 p.m. the deceased-Ramhet was going on his Motorcycle No. UP 42-G/2180 from village Umaradeeh to Jamo alongwith his father-in-law Shyam Lal and mother-in-law Dhanpata Devi. When he reached near Dharmshala of Jivnanandan Tiwari Ka Purwa, a Mini Truck No. 44 AH/4081 which was driven rashly and negligently, dashed the Motorcycle from the front side. On account of serious injuries sustained by the deceased-Ramhet, he died on the spot and his father-in-law Shyam Lal and mother-in-law Dhanpata Devi received severe injuries.

(3.) Regarding accident, a First Information Report was lodged by Ram Kumar, brother-in-law of the deceased on the same day at Police Station Jamo, District Sultanpur as Case Crime No. 375/2009, under Sections 338, 279, 427, 304-A of Indian Penal Code. Post-mortem of the deceased-Ramhet as well as medical examination of Shyam Lal and Dhanpata Devi was conducted in District Hospital, Sultanpur.