SMT. KANTI DEVI Vs. NARENDRA KUMAR SINGH

JUDGEMENT

(1.) Present appeal has been filed by the appellants claimants being aggrieved against the impugned judgment and award dated 19.10.2004 passed by the Motor Accident Claims Tribunal/Additional District Judge, Varanasi in M.A.C.P. No. 220 of 2003 (Smt. Kanti Devi and others Vs. Narendra Kumar Singh and others) awarding compensation to the tune of Rs. 8,80,292.00 along-with interest at the rate of 5% per annum to the appellants claimants inter alia on the ground that the compensation awarded by the Tribunal is inadequate and also that the Tribunal has not calculated the compensation as contemplated in law.

(2.) Brief facts giving rise to the instant appeal are that on 21.8.2003 deceased Virendra Kumar Singh Yadav along-with Jawahar Ram was going from Robertsganj to Salkhan Chopan by the motorcycle bearing registration no. U.P. 64 A-0873. Said motorcycle was being driven by Jawahar Ram and deceased was pillion rider. When said motorcycle reached near Chapka Power Station a truck bearing registration no. U.P. 53 T-2452 which was being driven rashly and negligently dashed the motorcycle from behind at about 7 AM as a result of which Virendra Kumar Singh Yadav died on the spot. The FIR of the said accident was lodged at police station Robertsganj, district Sonbhadra under Sections 279/337/338/304-A/427 Penal Code against the driver of the said offending truck. At the time of accident, the deceased was working as Assistant Engineer in the Soil Conservation Department, Robertsganj. He was aged about 42 years and getting salary Rs. 10,400.00 per month. Deceased was the sole bread earner of the family, therefore, a sum of Rs. 65,96,112.00 has been claimed as compensation. At the time of accident the said truck was insured with the respondent insurance company.

(3.) The claim petition was contested by the owner and driver of the said truck as well as insurance company.