KAUSHAL JAYENDRA THAKER,J. - (1.) The New India Assurance Company Limited (hereinafter referred to as 'Insurance Company') has felt aggrieved by the judgment and award dated 8.1.2008 passed by the XIII Additional District Judge, Bareilly/Motor Accident Claim Tribunal (hereinafter referred to as 'Tribunal') in claim petition No. 248 of 2005 whereby for the death of the sole bread winner of the family, a sum of Rs. 2,90,483/- was awarded with interest at the rate of 6% from the date of the filing of the claim petition and 7% from January 2007 till depositing the same.
(2.) Brief facts as gleaned from the record available with this Court are that the deceased was plying his motor cycle and was going from Aanwala to Sirauli and when he reached near a place known as Mau Chandpur Bridge, a Maruti Van bearing No. DL-4 CB-2568 owned by respondent came from the opposite side get lost its balance and dashed with the Motor Cycle causing the deceased multiple grievous injuries. The accident took place on 5.2.2005 and the injured succumbed to the injuries on 15.2.2005.
(3.) The widowed mother of the deceased Sharif who died in the accident and his two minor sisters filed claim of Rs. 5,00,000/- before the Tribunal. The Insurance Company filed its written statement and in the written statement, additional plea by way of paragraph 21 was taken that of contributory negligence.;