- (1.) This is an appeal preferred by Insurance Company against judgment and decree dated 29.7.2009 passed in Claim Petition No. 539 of 2001 which was preferred by the respondents for death of sole bread winner of the family who died in the accident.
(2.) Brief facts leading to the filing of this litigation are that on 29.7.2001 Deceased, Paltu Ram, from his residence, travelled in Maruti Van U.P. 32 AB 4546, for carrying out governmental duties. At that time, one Jeep being driven rashly and negligently came and dashed with the Maruti Van in which deceased, Paltu Ram sustained injuries. He was taken to hospital at Jhansi and therefrom transferred to hospital at Gwaliar. However he succumbed to injuries. Deceased was aged about 52 years at the time of accident. He had a permanent job.
(3.) The legal representatives/dependents of deceased Paltu Ram claimed compensation by filing Motor Accident Claim Petition No. 539 of 2001 (hereinafter referred to as MACP) under Section 166/140 of Motor Vehicles Act, 1998 (hereinafter referred to as 1998 Act). Tribunal formulated following four issues:-;