NATIONAL INSURANCE CO. LTD Vs. GANGA DEVI

JUDGEMENT

(1.) These two appeals under Section 173 of Motor Vehicle Act, 1988 are directed against the award dated 05.08.2016 passed in Motor Vehicle Claim Case No. 57/2011.

(2.) Miscellaneous Appeal No.1296/2016 is by the Insurance Company. Whereas, Miscellaneous Appeal No.1125/2016 is by the claimants.

(3.) The claim for compensation of Rs. 40,70,496/- was in lieu of death of Ram Sevak. On 23.03.2011, the victim along with Santosh Kumar Saxena, on his motorcycle, was coming from Gwalior to Morena when in front of Kareel Baba Dev Sthan, Agra-Bombay Road, respondent No.1, riding motorcycle bearing registration No. MP06/MG8111 rashly and negligently, dashed at their motorcycle. As a result whereof the victim sustained injuries to head, hand and legs. He was admitted at JA Hospital, Gwalior where during treatment, he succumbed to injuries. Police report at Police Station Civil Lines, Morena was lodged on 17.06.2011 whereon Crime No. 269/2011 for an offence under Section 304-A IPC was registered against respondent No.4, who was arrested and is tried for the said offence. Relevant it is to note that before lodging of complaint there was 'merg' intimation (Ex P/7) on 23.03.2011 at 7.30 PM by Doctor Incharge, Emergency, J.A. Hospital informing Station House Officer, Police Station Kampoo. The victim was employed as Assistant Grade III in the office of Civil Surgeon cum Hospital Superintendent, District Morena in grade Rs. 5200-20,200 + Grade Pay Rs. 1900/- and was having gross salary Rs.13,706/-. The net salary after deduction of Rs.200/- towards GIS and Rs. 2000/- towards GPF was Rs.11,506/- as per certificate Ex.P/11. The date of birth of the victim recorded in his service book as per Ex. P/11 was 01.06.1962.