NATIONAL INSURANCE CO LTD Vs. ARCHANA SINGH

JUDGEMENT

(1.) BEING aggrieved by the award dated 9. 3. 05 passed by Motor Accident Claims Tribunal, Sidhi (in short `the tribunal')in M. C. C. No. 50/04, appellant-National Insurance Co. (in short 'insurance Company') has preferred this appeal under section 173 of Motor Vehicle Act, 1988 (for brevity 'the Act' ).

(2.) FACTS giving rise to the instant appeal are as follows:-

(3.) CLAIMANTS/respondents no. 1 to 3 (hereinafter referred to as 'claimants') filed a claim petition under Section 166 of the Act before the Tribunal seeking compensation to the tune of rs. 13,44,000/- on account of death of Jitendra, aged about 30 years in the motor accident. According to claimants, the accident occurred on 31. 12. 03 about 6. 30 PM at Churhat-Amiliya road, near village Majurhai (Sada) due to rash and negligent driving of Marshal Jeep No. MP/28-A-0658 by respondent no. 5, which belonged to respondent no. 4 and was insured with national Insurance Co. at the time of accident. On the fateful day, when deceased Jitendra was going to his home town Chhota tikat on his motorcycle No. MP/17-H-6954, he was dashed by marshal Jeep No. MP/28-A-0658 being driven rashly and negligently by respondent no. 5. As a result, Jitendra sustained injuries and died on his way to hospital. Deceased Jitendra was a practicing lawyer and earning Rs. 6000/- per month, besides an additional income of Rs. 24,000/- per annum from his dairy business and he was spending Rs. 6000/- on his family. The claimants, therefore, claimed a total compensation of Rs. 13,44,000/- under various heads from the respondents no. 4, 5 and the Insurance Company.