NEW INDIA ASSURANCE CO. LTD Vs. SHYAMA DEVI
LAWS(ALL)-2001-11-124
HIGH COURT OF ALLAHABAD
Decided on November 29,2001

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Smt. Shyama Devi and Ors. Respondents

JUDGEMENT

SUDHIR NARAIN, J. - (1.) This appeal is directed against the award of the Motor Accident Claims Tribunal awarding Rs. 1,50,000/ - as compensation to the claimant respondents.
(2.) THE claim petition was filed with the allegations that on 19,10.1999 at about 2.15 p.m. when Suresh was returning to his house was crushed by Tata 407 No. U.P. 84/9306. He was aged about 14 years and was studying in Class VI. It was alleged that the accident was caused due to rash and negligent driving of the driver of the vehicle in question. The appellant contested the claim petition and it was contended that the accident was not caused by rash and negligent driving of the driver of the vehicle in question. It was further pleaded that the amount claimed was excessive. The Tribunal recorded a finding that, the accident was caused due to rash and negligent driving of the driver of the vehicle in question.
(3.) LEARNED Counsel appearing on behalf of the appellant submitted that the vehicle in question was not involved in the accident and secondly, the amount awarded is excessive.;


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