NATIONAL INSURANCE COMPANY LIMITED Vs. HEENA

JUDGEMENT

(1.) This appeal has been filed against the judgment and award dated 21.12.2017 passed by the Motor Accident ClaimsTribunal, Kishangarh Bas, District Alwar in Claim Case No. 65/2015 titled Heena and Ors. Versus Buddhan Ram and Ors., whereby the claim petition filed by the claimants respondents has been partly allowed and compensation to the tune of Rs. 11,40,200/- alongwith interest @ 6% p.a. from the date of filing the claim petition till its realization has been awarded in favour of the claimants respondents.

(2.) Facts of the case are that on 26.5.2015, deceased Mukesh Kumar and Narendra, were coming from Dhelas to village Indra Basti on Motor Cycle No. RJ 02 LS 0457. The said motor cycle was being ridden by Narendra. At about 8.00 PM, when they reached near Tehadki Mode, a Motor Cycle HF Deluxe No. RJ 02 KS 0704 being driven rashly and negligently by its rider, came from Behror side and dashed against the motor cycle No.RJ 02 LS 0457, as a result of which Mukesh Kumar sustained injuries. He was taken to the General Hospital, Alwar, from where he was referred to Jaipur. In the way to Jaipur, his condition was deteriorated, therefore, Mukesh Kumar was admitted in Kailash Hospital, Behror, Alwar where he took treatment till 31.5.2015. When Mukesh Kumar was not recovered and health condition of Mukesh Kumar was devastating day by day, he was referred to Jaipur. On 31.5.2015, he was admitted in SMS Hospital, Jaipur, where during treatment, he died on 7.6.2015.

(3.) Thereafter a claim petition petition was filed. Written statement was filed. Issues were framed and evidence was led by both the parties. After hearing both the sides, the learned Tribunal passed the judgment and award dated 21.12.2017, as mentioned above.