NEW INDIA ASSURANCE CO LTD Vs. GIRJA DEVI

JUDGEMENT

(1.) THE New India Assurance Co. Ltd. Challenges Motor Accidents Claims Tribunal Jammus award dated 10th of May 2003 awarding an amount of Rs. 10,78,780/ - to the dependents of Sepoy Radhe Shyam Yadav who while serving the Indian Army in one of its units at Samba was driving his scooter No. CH01B -0436 on 5 -12 -1999 when a Maruti Car No. Pb -10/0715 hit his scooter at about 9.30 a.m. landing him in coma till his ultimate death at Command Hospital Lucknow.

(2.) FACTS giving rise to this appeal filed under section 173 of the Motor Vehicles Act 1988 may be stated thus: -

(3.) RADHE Shyam Yadav was serving as a Sepoy with 329 Field Ambulance at Samba. He was driving his Scooter No. CH01B -0436 on 5 -12 -1999. It was at a place near Maheshwar, Samba that a Maruti Car No. PB -10/0715 coming from opposite direction, hit his scooter. The driver of the offending car was driving the vehicle in a rash and negligent manner. The rash and negligent driving of the offending car resulted in accident and injuries to Radhe Shyam Yadav who remained admitted in Command Hospital Udhampur for a couple of months whereafter he succumbed to the injuries at Central Command Hospital Lucknow. The death of Radhe Shyam left behind Girija Devi respondent, the widow, Master Bipin Kumar Yadav, the minor son, Rakh Nath Yadav and Smt. Satya Devi, the parents and Anirudh yadav, the minor brother as his dependents. These dependents filed compensation Claim No. 325/Claims with Motor Accidents Claims Tribunal Jammu claiming an amount of Rs. 30.00 lacs as compensation along with interest @ 18% per annum. This claim was contested by the appellants and the owner of the vehicle resulting in Tribunals framing following issues: -