- (1.) This FAFO filed by the appellant-insurance company is directed against the judgment and award dated 05.12.2014 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No. 1, Etah in MACP No. 282 of 2013, awarding a sum of Rs.43,07,168/- along with interest at the rate of 7% per annum from the date of making of the claim.
(2.) Facts are that a petition claiming compensation to the tune of Rs.2,28,67,000/- was preferred by the claimant-respondents with the allegation that on 06.07.2013, the deceased Sanjay Kumar Singh was returning from Jaswant Nagar along with one Devendra Singh Bhadauria on motorcycle no. UP77 H 8529 at about 8 p.m., when they reached near Bharat Cold Storage on G.T. road, a truck bearing No. HR38 K 5256, which was being driven rashly and negligently, hit the motorcycle from behind, which resulted in serious and grievous injury to both the persons and resulted in their death. A First Information Report of the incident was also lodged with P.S. Kotwali Dehat, Etah, which was registered as Case Crime No. 274/13 under Sections 279, 304A and 427 IPC. It was also pleaded that at the time of accident, deceased Sanjay Kumar Singh was aged 35 years and was working as Area Business Manager in Elchem Laboratories Ltd. drawing a salary of Rs.62,710/- per month. It was also pleaded that the offending truck was duly insured with the appellant-insurance company.
(3.) The claim was contested by the opposite party nos. 6 and 7, the owner and driver of the offending truck by filing written statement denying that the accident was caused by rash and negligent driving. It is, however, stated that the driver had a valid driving licence and the truck was duly insured with the appellant-insurance company. The claim was also contested by the insurance company denying the accident. It was pleaded that since both the vehicles were involved in the accident, hence, it was a result of contributory negligence. The other allegation regarding valid driving licence and the salary earned by the deceased were denied. We have heard Shri Rahul Sahai appearing for the appellant.;