LAWS(ALL)-2018-5-811

NEW INDIA ASSURANCE COMPANY LTD. Vs. POORAN LAL

Decided On May 14, 2018
NEW INDIA ASSURANCE COMPANY LTD. Appellant
V/S
POORAN LAL Respondents

JUDGEMENT

(1.) This appeal under Sec. 173 of Motor Vehicles Act, 1988 has been filed by the New India Assurance Company Ltd. against the judgment and award dated 04.02.2014, passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.3, Unnao in M.A.C. No. 212 of 2012 : Puran Lalothers Vs. Purshottam Narain Guptaothers).

(2.) Brief facts, relevant for disposal of this appeal are that on 18.05.2012, at about 6:30 P.M. deceased Arvind Kumar was coming from Bilhore by vehicle No. UP32 Z 9518. When the said vehicle reached near Village Dadhika, Truck No. UP 77 N 9331, which was being driven by its driver rashly and negligently, came from the side of Bangarmau and dashed the Mahindra Max No. UP 32 Z 9518, due to which deceased Arvind Kumar sustained grievous injuries and died on the spot. The driver of the truck ran away leaving the truck on the spot.

(3.) In the claim petition, it was stated that the deceased was a young and healthy person and was an employee in Baba Sahab Bhim Rao Ambedkar Medical College, Kannauj and he was earning Rs. 12,593.00 per month.