Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. 443 of 1990 Appellant :- The New India Assurance Company Ltd. Respondent :- Smt. Chunna Devi And Others Counsel for Appellant :- G.P.Mathur,S.A. Murtaza Counsel for Respondent :- Vidya Bhushan Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri S.A. Murtaza, learned counsel for the appellant – Insurance company and Sri Rakesh Kumar Mishra, learned counsel for the respondents and perused the judgment and order impugned.
2. This appeal, at the behest of the Insurance company, challenges the judgment and award dated 17.2.1990 passed by Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 17 of 1988 awarding a sum of Rs.1,15,200/- with interest at the rate of 12%.
3. The facts in brief is that Rajai Pal on 24.8.1987 was going on his cycle to take Holy dip in river Ganges along with his wife, who was sitting on the back seat of his cycle, and when he reached the road in between Bima crossing and Ganga bridge, a truck bearing no. URK-2111 came at a high speed and was driven rashly and negligently, hit Rajai Pal due to which he received severe injuries and died on the spot.
4. The submission that no accident took place with truck involved cannot be countenanced in view of the chargesheet levelled against him.
5. The submission of Sri Murtaza that the deceased himself was negligent could not be brought home in the light of the findings of fact by the Tribunal whereby the Tribunal has very minutely gone through the factum of accident and the manner in which the accident took place.
6. As far as compensation is concerned, attributing his income as Rs.900/- and deducting 1/3rd cannot be said to be exorbitant.
7. The appeal fails and is dismissed. The interim relief, 2 if any, stands vacated.
8. This Court is thankful to Sri S.A. Murtaza and Sri Rakesh Kumar Mishra for getting this very old matter disposed of.
Order Date :- 26.9.2019 Irshad