- (1.) List has been revised. Learned Counsel for the appellant is present. None appears for the respondents. Heard learned Counsel for the appellant and perusal the record.
(2.) On 21.10.2007 at 8.15 p.m., one Manoj Kumar was going to his residence on motorcycle No. U.P.-35-E-9709. Manoj was driving the motorcycle and deceased Vikas was pillion rider. When the motorcycle reached near Super House Factory, a mini truck bearing No. U.P.-78-A.T.-7468 coming from opposite direction hit the motorcycle. The mini truck was being driven rashly and negligently. Consequent upon which the deceased fallen down from the motorcycle and succumbed to his injuries on the spot. By the impugned order the Tribunal has awarded compensation to the claimant under section 166 Motor Vehicles Act. The Tribunal found that the accident occurred on account of rash and negligent driving of the mini truck. The issue regarding liability in pay compensation was decided against the appellant, hence the present appeal.
(3.) Evidence was led by the claimant and it was established that accident occurred because of rash and negligent driving of mini truck No. U.P.-78-A.T.-7468. The Tribunal recorded a finding that the deceased was aged about 13 years and was earning Rs. 4,000/- per month but in absence of any evidence with regard to income of the deceased as Rs. 4,000/- per month, the Tribunal assessed his monthly income as Rs. 3,000/- and after deducting 1/3 out of his income the Tribunal awarded Rs. 24,000/- per annum as income of the deceased.;