UNITED INDIA INSURANCE COMPANY LTD. Vs. SANTOSH DEVI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act') has been preferred by the Insurance Company aggrieved by the judgment and award dt. 09.07.2009 passed by the Motor Accident Claims Tribunal cum Additional District Judge, Nagaur ('the Tribunal'), whereby, a compensation of Rs. 5,04,500/- alongwith interest @ 6% per annum from the date of application has been awarded. The facts in brief are that on 23.03.2008 one Sampat Ram alongwith his cousin brother Rameshwar and his (Rameshwar's) wife Suman were riding on a Motor Cycle No. RJ21-SS-1491 and at around 3:00 PM when they reached Bhadana Fhata on Deh to Nagaur Highway No. 65, a Tata Sumo (sports utility vehicle known by its brand name) having registration No. RJ21-T-0731, which was being driven rashly and negligently, struck the motor cycle and seriously injured Sampat Ram, who died on way to the Hospital. Rameshwar and his wife Suman also suffered injuries.

(2.) An application for compensation was filed by the wife, children and parents of deceased Sampat Ram claiming a sum of Rs. 31,40,000/- as compensation for the untimely death of Sampat Ram.

(3.) A reply to the said application was filed by the owner and driver of the vehicle and the averments made in the application were denied.