- (1.) Heard B.K. Singh, learned Counsel for the appellants and Sri Malay Shukla, learned Counsel holding brief of Kunwar Pradeep Mohan Singh, learned Counsel for the National Insurance Company. Present appeal under section 173, Cr.P.C. has been preferred against the impugned award dated 10.8.1999, passed by the Motor Accident Claims Tribunal/III-Additional District Judge, Sultanpur, in Claim Petition No. 78 of 1995.
(2.) The deceased who succumbed to injuries in the accident occurred on 27.5.1995, is stated initially, to be an employee of Delhi Public School holding the post of Sr. Lecturer (Maths.). Thereafter, he joined in G.S.L. Public School, Raj Pipla, District Baruch (Gujarat). It has been submitted that at the time when the deceased died in the accident, was the Principal in the School of Raj Pipla, Baruch, Gujarat, obtaining salary at the rate of Rs. 10,250.00 per month. However, the learned Tribunal recorded a finding that the appellants claimants failed to prove the factum with regard to service rendered by the deceased as well as the academic qualification. Only High School Certificate was produced before the learned Tribunal. Hence the claim of the appellants claimants was not believed.
(3.) Civil Misc. Application No. 51569 of 2008 (Application under section 169 of the Motor Vehicles Act, 1988, Order XLI, Rule 27 read with section 151 C.P.C.) was moved by the appellants to produce additional evidence. Respondents have not filed any objection against the said application. Hence it was allowed by this Court, vide order dated 21.10.2008 and the documents have been placed on record. Along with the said application, the appellants have filed Certificate of Intermediate Examination, 1968 of High School and Intermediate Education Board, U.P.; Marksheet of B.Sc. Part-II from Gorakhpur University; Certificate of B.Ed. of 1974 of Gorakhpur University; Marksheet of M.A. Part-II of Oudh University, Faizabad U.P.; Marksheet of M.Sc. Part-2 of Oudh University, Faizabad, U.P.; Certificate of Delhi Public School, Jagdishpur Industrial Area, Sultanpur, U.P., alongwith experience certificate; letter dated 25.9.1993 of Vice-President of Dayanand Adarsh Vidyalay, Sanchar Vihar (I.T.I.), Mankapur, District Gonda, regarding employment as Principal of DAV School and other documents which include BOBCARDS of Bank of Baroda, to point out that the deceased's salary was much more than what has been assessed by Tribunal, The Tribunal has awarded compensation on the basis of income of deceased at Rs. 1,500.00 per month on the ground that the appellants failed to prove the income of the deceased.;