- (1.) This appeal under Section 173 Motor Vehicle Act,1988(for short 'MV Act') has been preferred by National Insurance Co. Ltd. against the award dated 3.12.2009 passed by Motor Accidents Claims Tribunal / Additional District Judge, Court No.4, Faizabad (For short 'Tribunal') in Claim Petition No. 76 of 2008 (Smt. Golana V/S National Insurance Co. & Another) awarding compensation of Rs. 1,54,500/- with pendente-lite and future simple interest at the rate of 7.50% per annum to Smt. Golana, the sole claimant-respondent on account of death of her daughter Gudiya.
(2.) The factual matrix of the case is that deceased Gudiya, aged about 12 years along with her mother Golana was returning after listening the preach of Sati Baba and proceeding towards their village and when reached near the house of Dr. Akhtiyar on Faizabad - Lucknow highway on 31.05.2005 at 11.00 AM, a motorcycle having registration No. 32-AG-7325 driven by its driver in rash and negligent manner hit Gudiya from behind. The driver of the motorcycle stopped for a short while and on the pretext of making arrangement of conveyance fled away from spot. Gudiya was taken to District Hospital, Faizabad, where after few hours during treatment she succumbed to be injured.
(3.) Smt. Golana claimant lodged the first information report of this accident on 01.06.2005 at 18.05 hours in Police Station Radauli having Crime No. 93 of 2005 under Section 279, 336, 304A I.P.C.. The petition was filed under Section 166 MV Act for compensation of Rs. 5,32,064/- with interest at the rate of 9% per annum.;