NEW INDIA ASSURANCE CO. LTD. Vs. HARISH CHANDRA

JUDGEMENT

(1.) Appellant-Insurer has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging judgment and award dt. 4/9/2018, passed by Motor Accident Claims Tribunal No. 2, Udaipur (for short, 'learned Tribunal'). Learned Tribunal, by the impugned judgment and award, while adjudicating the claim of respondent-claimants under Sec. 166 of the Act, quantified and awarded compensation to the tune of Rs.9,37,200.00.

(2.) The facts, in brief, are that respondent-claimants filed a claim petition under Sec. 166 of the Act, inter-alia, on the ground that on the fateful day of 2nd of October, 2017 at 8.30 PM deceased Naresh Kumar was riding his motorcycle towards Udaipur with moderate speed on right side as per traffic rules. It is further averred that the insured vehicle driven at high speed rashly and negligently collided with it and as a result of which he succumbed to the injuries.

(3.) An FIR was registered at the concerned police station and later on challan was filed against respondent-driver, who is also owner of the offending vehicle. For quantifying compensation, it was pleaded by respondent-claimants that deceased was 24 years of age at the time of accident and was earning Rs.60,000.00 per month as an Electrician. Under different heads, the respondent-claimants quantified amount of compensation to the tune of Rs.1,32,25,000..00