ICICI LOMBARD GENERAL INSURANCE COMPANY Vs. CHANDRA SHEKHAR

JUDGEMENT

(1.) This Miscellaneous Appeal under Section 173 (1) of the Motor Vehicles Act, 1988 has been preferred on behalf of the appellant/Insurance Company, assailing the award dated 31st March, 2011 passed by Additional Member, Motor Accident Claims Tribunal, Datia in Claim Case No. 05/2011; whereby, an amount of Rs. 2,52,500/- has been awarded to respondents No. 1 to 5/Claimants for death of their mother, who died in road accident dated 24/8/2010.

(2.) Precisely stated facts of the case are that on the fateful date of 24/8/2010 at about 3 pm, Fundibai (deceased mother of Claimants) was going on by the side of road. Suddenly, at Janshi-Kanpur, near village Baretha, the driver of offending truck bearing registration No. UP-93-T4544,driving the same in rash and negligent manner dashed the deceased,due to which she died on spot. Therefore, claimants filed a claim case before the Claims Tribunal under Section 166 of the Motor Vehicle Act, 1988 claiming Rs. 7,35,000/- as compensation for the death of their mother.

(3.) Claims Tribunal after framing issues, recorded evidence and after appreciation of the same, by impugned award, awarded a compensation to the tune of Rs. 2,52,500/- to the claimants for death of their mother.