Rajiv Sharma and Anil Kumar, JJ. - (1.) HEARD Mrs. Alka Verma, learned counsel for the appellant and Mr. Rajendra Jaiswal, learned counsel for the respondents.
(2.) BY means of the present first appeal from order, the judgment and award dated 13.8.2007 passed by the Motor Accidents Claims Tribunal/Additional District Judge, Lucknow in Claim Petition No. 510/2004, Prem Chandra Bajpai v. Mohd. Ateeq, is under challenge. In brief, the facts of the present appeal are that on 10.11.2004 when Nirmala Bajpai was standing near the main gate of Red Cross Hospital, Lucknow and proceeded towards her home, a Tempo having registration No. UP 32-Z 8352 due to rash and negligent driving of the driver of Tempo had hit Nirmala Bajpai, as a result of which she sustained grievous injuries and was hospitalised in Balrampur Hospital where she died on the same day. In this regard, first information report was also lodged under sections 279/338/304-A, Indian Penal Code in the concerned police station. Thereafter, in view of the above said facts, a claim petition was filed by Prem Chandra Bajpai, husband of the deceased Nirmala Bajpai and his two sons and one daughter on the ground that at the time of accident Nirmala Bajpai was 53 years of age and was holding the post of ANM in Department of Child and Maternity of Red Cross Hospital, Lucknow and her salary at the time of accident was Rs. 9,330 per month for a compensation of Rs. 3,00,000 which was registered as Claim Petition No. 510 of 2004 and in the said claim application Mohd. Ateeq, the owner of the Tempo and National Insurance Co. Ltd., Lucknow, who was the insurer, were impleaded as opposite party Nos. 1 and 2.
(3.) AFTER considering the relevant facts and circumstances of the case and on the basis of the pleadings and documentary evidence available on record, the Tribunal while disposing the claim petition by judgment and award dated 13.8.2007 awarded a compensation amounting to Rs. 7,56,548 along with 7 per cent interest to the heirs of the deceased from the date of filing of the application. Aggrieved by the said award dated 13.8.2007, National Insurance Co. Ltd. has challenged the same before this court under section 173 of the Motor Vehicles Act, 1988, by way of present first appeal from order.;