- (1.) THE FACTS Sri Bikau Prasad Chaurasiya (the Deceased) was going on a Tempo No. UP-52-B/2579 (the Tempo) on 3.6.1997 in village Bhorawa within the limits of PS Kotwaii, district Deoria. The Tempo was being driven by its registered owner Sri Ajai Kumar Singh, son of Sri Dahuri Singh (the Owner).
(2.) The Tempo overturned. In this accident, the Deceased received injuries and subsequently succumbed to them on 25.8.1997. The widow and the children of the Deceased (the Claimants) filed Claim Petition No. 405 of 1997.
(3.) The aforesaid claim petition was allowed on 4.4.2002 by the Motor Accident Claims Tribunal/ Spl. Judge SC/ST Act, Court No. 3, Deoria (The Tribunal). A sum of Rs. 1,74,500/- alongwith 9% interest was awarded to the claimants from the date of filing of the claim petition. Hence the present appeal by the New India Insurance Company (the Copmpany). THE DECISION;