- (1.) This appeal has been filed by Oriental Insurance Company Ltd. through its Assistant Administrative Officer, Divisional Office, No. 1 16-A, M.G. Marg, Allahabad, against the award dated 5.01.2000 passed by Motor Accident Claims Tribunal/ Special Judge, E.C. Act, Mainpuri, allowing the claim petition and awarding Rs. 13,35,500/- as compensation along with interest @ 12% per annum from the date of filing of the claim petition till payment to the claimants/respondents in M.A.C.P. No. 185 of 1998.
(2.) A claim petition was filed by the widow and other legal representative of deceased Shiv Prasad Singh alleging that on 17.04.1998 at about 9.30 p.m. deceased Shiv Prasad Singh was returning to his residence on his scooter No. U.P. 70-C/ 6020 and as soon as he reached near Bhawat Chaura an Eicher Tractor of red colour which was without number and which was being driven by its driver rashly and negligently, coming from the side of railway crossing, hit the scooter of the deceased, due to which, Shiv Prasad Singh received injuries. He was admitted in Maharaja Tej Singh District Hospital, where he succumbed to the injuries. An FIR was lodged at P.S. Kotwali, Mainpuri. The deceased was working as Assistant Prosecuting Officer in Prosecuting Office, which is the State Government Department, at Mainpuri and was a class II Gazetted Officer. He was likely to be promoted in near future and would have been promoted up to the post of Joint Director. He was in service for 7 years only and would have remained in service for 20 years more. At the time of accident, he was getting salary about Rs. 10,000/- and on promotion of Prosecuting Officer, he would have received Rs. 12,500/- and on promotion to the post of Senior Prosecuting Officer and Joint Director, he would have received Rs. 16,500/- and Rs. 20,000/- respectively. Stressing the future avenue, the claim of Rs. 31,00,000/- along with 18% interest was laid.
(3.) Opposite party No. 2 and 3 Birhal Singh and Smt. Vittno Devi have filed their written statement admitting that they are the owners of the Eicher Tractor and alleged that the tractor was being driven by a valid license holder driver. It was also averred that the tractor was insured with Oriental Insurance Company, hence if the Tribunal reaches to the conclusion that they are liable to pay compensation, then liability to pay falls on the Insurance Company.;