NATIONAL INSURANCE COMPANY LIMITED Vs. SMT. NISHA @ BHURI

JUDGEMENT

(1.) This is an appeal under section 173 of Motor Vehicles Act, 1988 preferred on behalf of appellant/Insurance Company being crestfallen by award dated 08/04/2017 passed by First Motor Accident Claims Tribunal, Gwalior in Claim Case No. 73/2015; whereby, an amount of Rs. 16,41,077/- has been awarded as compensation to respondents/claimants for the death of Pushpendra Jatav (husband of respondent No. 1 and son of respondents No. 2 and 3, brother of respondents No. 4 and 5 and father of respondent No. 6), in a road accident dated 18/09/2015.

(2.) Precisely stated facts of the case for adjudication of the case are that Pushpendra Jatav (Deceased herein) was going from Gwalior to Dabra on a motorcycle on the fateful day 18/9/2015 and met with an accident when he reached at Sikroda Triangle, wherein, truck bearing registration No. RJ 14 GC 3207 coming from opposite direction dashed the motorcycle, in which deceased Pushpendra Jatav succumbed to injury on spot and the matter was reported to Police Station Billowa, wherein Dehati Nalishi was registered and thereafter charge-sheet was filed before the Court of competent criminal jurisdiction.

(3.) Legal representatives of deceased Pushpendra Jatav filed the claim petition on the basis of allegations that deceased was earning Rs. 15,000/- per month by doing the work of Plumber and the claimants/respondents No. 1 to 6 herein) were his dependents as well as legal representatives. Respondents No. 7 and 8, driver and owner respectively, remained ex parte before the Tribunal, whereas Insurance Company (appellant herein) contested the claim petition on all grounds.