LAWS(MPH)-2005-9-9

ORIENTAL INSURANCE CO LTD Vs. GEETA SHARMA

Decided On September 06, 2005
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
GEETA SHARMA Respondents

JUDGEMENT

(1.) This appeal is filed by insurance company challenging award dated 9.5.2000 passed by Ninth Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 144 of 1997, whereby the Claims Tribunal has awarded an amount of Rs. 2,49,500 plus 12 per cent interest thereon for the death of Mahendra Sharma.

(2.) The claimant No. 1 is the widow of the deceased Mahendra Sharma, while the claimant Nos. 2,3 and 4 are minor daughters. The claim petition was filed alleging that on 28.8.1997 Mahendra Sharma was driving a truck No. MP 08-9787. The truck was loaded with bricks. He was going in the truck towards Shivpuri. Truck bearing No. HRO 38-1748 which was owned and driven by respondent Sukkha came rashly and negligently and dashed against the truck driven by Mahendra Sharma from the front side. A report of this accident was lodged and subsequently application for compensation was filed before the Claims Tribunal.

(3.) The Claims Tribunal found that the accident has occurred due to rash and negligent driving of respondent Sukkha, due to which Mahendra Sharma died. The Tribunal awarded a sum of Rs. 2,49,500 as compensation to the claimants for his death.