- (1.) Present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dated 28th May, 1994 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 18 of 1992, whereby a compensation of Rs. 2,15,000/- alongwith interest 12% was awarded against the State. The brief facts of the case are that the deceased Smt. Paramjeet Kaur, aged about 40 years, was working as Stenographer in the Headquarter of U.P. Jal Nigam, Lucknow. On 1st August, 1991, the deceased was going with her husband on scooter number UHS 8199. She was a pillion rider, as the scooter was driven by her husband Sri Swaran Jeet Singh. When she reached near Hathi Park, Shahmina Road, Medical College Road, a PAC Truck No. U.P.-34 0791, coming from the opposite direction, hit the scooter. Its driver was trying to overtake a tempo. The couple has fallen down from the scooter. Later, both were taken to the Medical College, where it was declared that the Smt. Paramjeet Kaur was "brought dead". The dependents (husband and two minor children) have filed the claim petition before the Tribunal who after examining the entire evidence, awarded a compensation of Rs. 20,000/- to the husband; and Rs. 1,95,000/- in favour of the children alongwith interest @ 12%. Being aggrieved, the State has filed the present appeal.
(2.) With this backdrop, Sri Pramod Kumar, learned Counsel for the appellant has denied the accident. He submits that the accident was not occurred by the Truck in question. The road was slipping due to rain. So, it might be the case of slipping of scooter. On the road side, there was a motor workshop and a number of vehicles were parked. It is possible that the scooter might have colluded with any parked vehicle. He further submits that no P.A.C. Truck was involved in the accident in question. Lastly, he made a request that the impugned order may kindly be quashed.
(3.) On the other hand, Sri Vidyadhar Upadhyay, learned Counsel for the claimants-respondents relied on the impugned order.;