NATIONAL INSURANCE COMPANY LTD. Vs. GANGA DEI
LAWS(ALL)-2019-8-330
HIGH COURT OF ALLAHABAD
Decided on August 28,2019

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Ganga Dei Respondents




JUDGEMENT

RAJNISH KUMAR,J. - (1.)Heard, Ms. Pooja Arora, Advocate holding brief of Shri S.C. Gulati, learned counsel for the appellants. None appeared for the respondents.
(2.)The present appeal has been filed against the judgment and award dated 30.11.2002 passed in Motor Accident Claim Petition No.18 of 1998 (Smt. Ganga Dei and Others v. Nattha Singh and Others) by Additional District Judge, Court No.6, Rai Bareli, by which the claim of the respondents/claimants no.1 to 4 has been partly allowed and the appellant National Insurance Company Limited has been directed to pay an amount of Rs.55,000/- alongwith interest @ 9% per annum.
(3.)The claim petition was filed by the respondents/claimants alleging therein that on account of death of brother of Babu Lal on 03.01.1998 the deceased was going back from cycle after cremation while he reached at the turn of Tiwaripur Majre Asaupur in Police Station- Khiro at about 05:30, the driver Vimlesh Kumar @ Mithilesh driving Tractor No.USU-9894, rashly and negligently, smashed the deceased. The deceased suffered serious injuries in the accident and succumbed to it and died on the spot. Other villagers sitting in the trolley also received serious injuries. The driver of the tractor ran away from the spot with the tractor. The accident was seen by Shiv Balak, Ram Dhani, Ram Babu and others sitting in the trolley. The First Information Report was lodged by the respondent/claimant no.3 Ram Pal on 04.01.1998 at about 10:30 AM in the morning at Police Station- Khiro, which was registered as Case Crime No.4 of 1998, under Sections 279, 337, 304 I.P.C. Police Station- Khiro, District- Raibareli. The deceased was 55 years of age and he was Gram Pradhan of the village at the time of accident and doing the business of milk and earning Rs.6,000/- per month. The dependents of the deceased were his wife and three children. Accordingly, they claimed Rs.2,36,000/- as compensation.


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