S.C.CHAURASIA, J. - (1.) HEARD Sri Anand Mohan, learned counsel for the appellant, Sri Waquar Hashim, learned counsel for the respondents and perused the record.
(2.) THIS appeal has been preferred against the impugned award dated 05-05-1997 passed by Motor Accident Claims Tribunal/IXth Additional District Judge, Lucknow, in Claim Petition No. 207 of 1991, Smt. Anne Swaroop and another Versus Jagdish Prasad and Others as well as in Claim Petition No. 88 of 1992, Smt. Lili Swaroop and another Versus Jagdish Prasad and Others, whereby he allowed the claim petitions for payment of Rs. 10,00,000/- as compensation to the claimants. The brief facts, giving rise to this appeal, are that the deceased, Vivek Swaroop, was posted as Probationary Officer,at State Bank of India, Branch Hazratganj, Lucknow. His age was about 29 years. On 30-10-1991, he was returning from office to his house by scooter. At about 6.45 p.m., when he reached near the post office at Purania Chauraha, Aliganj, Crane no. U.P.U.-4362 came from the opposite direction. The driver of the Crane was driving it rashly and negligently. The Crane dashed against the scooter of the deceased. In the meantime, a mobile van of the police came and halted at the spot. The deceased sustained injuries as a result of the accident. He was carried to Balrampur Hospital for treatment, but, he succumbed to his injuries there. The income of the deceased on the day of the accident was Rs. 5,919.23 p.m. The deceased left behind his wife, Smt. Anne Swaroop, aged about 27 years and a baby, Chinki, aged about 1½ years. The Crane was insured with the United Insurance Company Ltd. The widow and the daughter of the deceased were dependents on the income of the deceased. The Claim Petition No. 207 of 1991 was filed by the widow and minor daughter of the deceased and the Claim Petition No. 88 of 1992 was filed by Smt. Lili Swaroop and Km. Radhika Swaroop, the mother and daughter of the deceased, respectively.
(3.) THE opposite party no. 1, Sri Jagdish Prasad, owner of the Crane has filed written statement alleging that the deceased himself was driving the scooter rashly and negligently and on account of it, the accident in question was caused. He is the registered owner of the Crane no. U.R. U.-4362, which was insured with the United India Insurance Company Ltd. w.e.f. 12-04-1991 to 11-04-1992. It is stated that it was not possible to drive the Crane in a high speed; that at the time of alleged accident, Sri Ram Jeevan, son of Sri Sarju Prasad, was the driver of the Crane, whose driving licence was valid from 26-03-1990 to 25-03-1993 and that since the Crane was insured with the United India Insurance Company Ltd; it is liable to pay the amount of compensation.;