NATIONAL INSURANCE CO LTD Vs. VIDYAWATI DEVI AND 2 OTHERS
LAWS(ALL)-2016-7-370
HIGH COURT OF ALLAHABAD
Decided on July 27,2016

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Vidyawati Devi And 2 Others Respondents

JUDGEMENT

- (1.) Heard Sri Rajeev Ojha, learned counsel for the appellant and Sri S. D. Ojha appearing for the claimant-respondents.
(2.) This appeal under Section 173 of the Motor Vehicles Act has been filed by the National Insurance Company challenging the award dated 16.04.2016 passed by the Motor Accident Claims Tribunal/Additional District Judge (Court no. 8), Azamgarh awarding a sum of Rs.7,01,000/- along with 7% interest as compensation on account of death of one Dhananjay in a motor accident.
(3.) Claim petition was filed by the mother of deceased seeking compensation to the tune of Rs.44,27,000/- on the allegation that on 05.12.2013 when deceased Dhananjay was coming back home on motorcycle bearing registration no. UP-45-C/3782 along with Shashank Singh after visiting some relatives in village Katra at about 04:30 PM near Singhpur Pulliya, Mahendra Jeep No. UP-50-F/4254, which was being driven rashly and negligently, hit the motorcycle from behind which caused grievous injuries to Dhananjay and he died on spot. Driver of the motorcycle died while being taken to Sadar hospital for treatment. It was further pleaded that deceased was skilled mason and was earning about Rs.13,000/- per month.;


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