NATIONAL INSURANCE COMPANY Vs. SUMITRA DEVI

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed against the judgment dated 27.2.2019 passed by Motor Accident Claims Tribunal, Beawar (hereinafter referred to as 'the Tribunal'), whereby a sum of Rs. 8,93,032/- has been decreed in favour of the claimant and against the non claimants respondents.

(2.) Facts of the case are that the claimants filed a claim petition before the Tribunal with regard to the death of Ghanshyam Sain in a road accident which took place on 26.10.2017 at 8.30-9.00 PM with a motor cycle no. RJ 30 SN 5313 when he was returning from village Bhaisapa to village Durgawas on his motor cycle no. RJ 36/SC 5109.

(3.) With regard to the said accident, a complaint was lodged by the brother of the deceased on 27.10.2017 at 10.30 AM, whereupon an FIR bearing No. 319/2017 was registered on 27.10.2017 at Police Station, Jawaja for the offences under Section 279, 304A IPC and investigation was commenced. After investigation, the police filed charge sheet against the driver of the offending vehicle.