RENUKA GUPTA & OTHERS Vs. NEW INDIA ASSURANCE COMPANY LTD
LAWS(ALL)-2017-12-160
HIGH COURT OF ALLAHABAD
Decided on December 15,2017

RENUKA GUPTA And OTHERS Appellant
VERSUS
NEW INDIA ASSURANCE COMPANY LTD Respondents

JUDGEMENT

S.K. Agrawal, J. - (1.) Heard Sri Ram Singh, learned counsel for the appellants and Sri V.C. Dixit, learned counsel for the respondent-Insurance Company.
(2.) Present appeal has been filed by the appellants-claimants being aggrieved against the impugned judgment and award dated 29.04.2000 passed by the Motor Accident Claims Tribunal/ Additional District and Sessions Judge 9th, Kanpur Dehat in M.A.C.P. No.137 of 1998 (Smt. Renuka and others Vs. Smt. P. Sri Ranga Nachiar and others) awarding compensation to the tune of Rs.5,00,000/- alongwith 12% interest per annum to the appellants-claimants inter alia on the ground that the Tribunal did not apply Rule of Multiplier in granting compensation; has not given any compensation towards the loss of expectation of life; has not awarded any compensation towards loss of consortium to the widow; has not awarded any compensation to the children for loss of love and affection; and has also not awarded any amount towards overhead expenses.
(3.) Brief facts giving rise to the instant appeal are that on the day of incident Dr. Vidya Sagar Gupta (deceased) was standing beside the Road and he was going to Government Hospital for his duty. At that time the truck bearing registration no. TM-09/Z-3123 came. This truck was driven by the driver rashly and negligently and without blowing the horn, he got struck the said truck with Vidya Sagar Gupta, due to which he sustained serious injuries and succumbed due to the said injuries. The FIR of the incident was got registered in case crime no.2 of 1998, under Sections 279/ 304 IPC. Smt. P. Sri Ranga Nachiar was the owner of the said truck and the truck was insured with New India Assurance Company Limited. Accordingly, the claimants filed the claim petition for a compensation of Rs.42.96 lacs.;


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