- (1.) Heard learned counsel for the petitioner and learned standing counsel. Brief facts of the case are that on 1.4,2005, at about 9.30 a.m., Rama Kant Tewari alongwith his brother Uma Kant Tewari were standing near Udaipura Roadways Workshop, Farrukhabad Road after parking their motorcycle. A tanker bearing registration No. U.P.-78-3-7574 was being driven in careless and negligent manner, which hit Rama Kant Tewari, as a result of which, he succumbed to the injuries at the spot. His brother also sustained injuries. In respect of this incident, a case on crime No. 19 of 2005, under Section 279/304A/427, I.P.C. was registered at Police Station Basrehar, district Etawah. On account of accident, the local public reached at the spot and caught hold the driver. The deceased Rama Kant Tewari was an employee of U.P. State Roadways Transport Corporation and was earning Rs. 4,864 per month at the relevant time.
(2.) In respect of the aforesaid accident, the wife of the deceased alongwith other filed a Motor Accident Claim, which was registered as M.A.C.T. No. 274 of 2005. The Motor Accident Claims Tribunal, after hearing the parties including the insurance company (petitioner herein), allowed the claim petition and directed the insurance company to pay compensation amounting to Rs. 5,15,356 to the claimants vide its judgment and order dated 13.12.2006.
(3.) After the aforesaid award the insurance company filed a review application under Sections 151, 152 read with Section 153 of the Civil Procedure Code, praying therein to modify the aforesaid award and liability of paying compensation fixed upon the insurance company may be discharged. The Motor Accident Claims Tribunal, after considering the objections and submissions advanced by the parties, did not find any ground to review its aforesaid award rejected the review application vide its judgment and order dated 4.3.2008.;