G.P. Mathur, J. - (1.) This appeal has been filed under Section 110-D, Motor Vehicles Act (hereinafter referred to as 'the Act') by the insurer, Oriental Fire and General Insurance Co. Ltd., Jhansi, challenging the award dated 16.11.1981 of Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') in Claim Petition No. 46 of 1978 by which the claimant-respondent Nos. 1 and 2 were awarded Rs. 48,000/- as compensation. The claimant-respondent Nos. 1 and 2 have also filed a cross-objection for enhancement of the compensation awarded to them.
(2.) Sarman and Ramiya, respondent Nos. 1 and 2, filed claim petition before the Motor Accidents Claims Tribunal, Jhansi, on 31.8.1977 claiming Rs. 1,04,900/- as compensation on account of death of their son, Daya Ram. The case of the claimants, in brief, was that their son, Daya Ram, aged about 18 years, was working as a beldar and was earning Rs. 150/- per month. At about 8.00 a.m. on 2.1.1975, he was going from his house in village Attonda to Sipri Bazar. When he was passing over Pahuj Bridge, Lahargarh, he was hit by truck No. USG 5446 due to which he received serious injuries resulting in his death. The truck was owned by Hari Singh Yadav and was being driven by Mahendra Singh. The truck was insured with Oriental Fire & General Ins. Co. Ltd., Jhansi. At the time of accident, the truck was being driven rashly and negligently and was on wrong side of the road. The case of the claimants further was that deceased Daya Ram was sole earning member of the family and he was not only supporting his parents (claimants) but also his two younger brothers, namely, Bhajan and Asha Ram. The entire family had been thrown to starvation on account of death of Daya Ram. The claimants accordingly prayed that a sum of Rs. 1,04,900/- should be awarded as compensation.
(3.) The respondent Nos. 3 and 4, who are the owner and driver of the truck No. USG 5446, filed a joint written statement denying the allegations made in the claim petition. It was pleaded that the claim petition was time-barred and the deceased was himself guilty of contributory negligence at the time of accident and truck was not being driven rashly and negligently. It was further pleaded that brothers were not dependent upon his income and the compensation amount claimed was highly excessive. The Oriental Fire & General Insurance Co. Ltd. filed a separate written statement denying the allegations made in the claim petition. The case of the insurer, in brief, was that the claim petition was barred by time; that the deceased dashed against the rear wheel of the truck due to his own fault and negligence; that the truck was not being driven rashly or negligently; that brothers of the deceased were not dependent upon his income and were not entitled to claim compensation and that the compensation amount claimed was highly excessive.;