- (1.) This first appeal from order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Insurance Company challenging the judgment and award dated 16.09.2015 passed by the Motor Accident Claims Tribunal/Special Judge (E. C. Act), Aligarh awarding compensation for a sum of Rs.5,91,000.00.
(2.) An application under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 was filed by the claimants-respondent seeking compensation of a sum of Rs. 18,10,000/- on the allegation that on 6.6.2014 when Km. Varsha was going along with her brother and claimant-respondent No. 2 (her mother) and when they reached opposite H. P. Gas Agency in Qasba Sikanderarau, Hathras at about 12:00 noon, they stopped the motor-cycle on which they were travelling on the road side and the motor-cycle was parked, her mother went to purchase banana and deceased was sitting on the motor-cycle and talking with her brother, Truck No. UP-84-T/1217 coming from Aligarh which was being driven rashly and negligently hit motor-cycle on account of which she died on spot. It was further pleaded that at the time of accident deceased was aged about 18 years and was earning Rs.9000/- per month from Beauty parlour, knitting, sewing and embroidery. Proceedings were contested by the Insurance Company by filing written statement denying the allegations.
(3.) Claimant-Appellant No. 1, Bhagwan Singh, entered into witness-box and stated that accident was caused on 06.06.2014 at about 12:00 noon on account of rash and negligent driving of the offending truck in which his daughter died and claimant-respondent No. 2, his wife, received injuries. He stated that he reached at the site of accident after 15 minutes and thus tribunal rightly held that he was not an eye-witness. Claimant-respondent also produced P. W. "2" Durgesh as an eye-witness. He stated in his examination-in-chief that on 06.06.2014 at about 12:00 noon when deceased was sitting at the parked motor-cycle at the side of the road, it was hit by truck bearing registration No. UP-84-T-1217 which was being driven very rashly and negligently coming from Aligarh on account of which Varsha died on the spot and claimant-respondent No. 2 Bhagwan Devi received injuries. The witness categorically stated that he saw the accident taking place. The witness stood affirmed in his cross-examination.;