NEW INDIA ASSURANCE COMPANY LTD Vs. LAL

JUDGEMENT

(1.) This is an appeal filed by the Insurance Company against award dtd. 12/9/2018, whereby Motor Accident Claims Tribunal, Chandigarh has allowed compensation of Rs.64,87,536.00 on account of death of Rama Kant, in MACT No.458 of 2017 titled 'Shri Lal and others vs Shiv Dularey and others'.

(2.) The facts of the case, in brief, are that on 21/6/2017 at about 7 p.m., Rama Kant S/o Shri Lal along with his colleague Manoj Kumar was moving on foot on left side of road near railway Crossing Satarhi, Haidergarh, District Barabanki (UP), when a truck bearing registration No.UP-35T-1848 (hereinafter referred as 'offending vehicle') being driven by respondent Shiv Dularey came at high speed, in rash and negligent manner and struck against Rama Kant, who fell down. His head was crushed under the wheels of the offending vehicle, due to which he died on the spot. Manoj Kumar ran fast to the extreme left side and saved his life. FIR No.216 dtd. 21/6/2017 was registered under Ss. 279, 337 and 304-A IPC at Police Station Haidergarh, District Barabanki.

(3.) Claimants are father and siblings of deceased Rama Kant. They sought compensation under Sec. 166 of the Motor Vehicles Act on account of death of said Rama Kant by pleading that deceased was 24 years of age on the date of accident and used to work as a Signal KHALLASI at Rail Coach Factory, Rae Bareli, under Lucknow Division of Northern Railway and at the time of his death, he was drawing salary of Rs.29,896.00per month. It was further pleaded that deceased was a graduate and was pursuing his Master's degree through correspondence from Punjab University.