NEW INDIA ASSURANCE COMPANY Vs. VIJAY PRAKASH

JUDGEMENT

(1.) Heard Shri Jitendra Narain Mishra, learned Counsel for the appellant and Shri R.K. Dubey, learned Counsel for respondent-The New India Assurance Company Limited.

(2.) The instant appeal under section 173 of the Motor Vehicles Act, 1988 arises out of the Judgment and Award dated 31.01.2013 passed by the learned Motor Accident Claims Tribunal/Special Judge, E.C. Act, Lucknow in Motor Accident Claim Petition No. 69 of 2009 [Vijay Prakash and others v. Upkar Singh and another], whereby the learned Tribunal has awarded a sum of Rs. 17,77,500/- as compensation to the claimants in respect of the accident which took place on 15.01.2009 at about 9.30 AM, in which Kanchan Lata died due to negligent and rash driving of truck No.UP 53J 1905 by its driver.

(3.) It is said that on 15.01.2009 at 9.30AM, Kanchan Lata (deceased) was going from her house to the school and when she reached Gosaiganj road (Police Station Mohanlalganj), a truck no. UP 53J 1905 coming from Raibareli side hit the motorcycle of the deceased. It is also said that the truck was being driven in a high speed and due to the accident, Kanchan Lata received serious injuries on her person and died at the spot. It has come on record that at the time of the accident, the deceased was about 50 years old; was working as a Assistant Teacher in Jeevan Balika Vidyalaya and was earning Rs. 25,000/- per month.