Arvind Kumar Tripathi (II), J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the respondents. This first appeal from order has been filed by Ram Sanwari w/o late Kalika Prasad Tiwari resident of Village Lutphabad, Bachhauli. Police Station -Bikapur, District Faizabad against the award dated 22.3.2003 passed by Motor Accident Claims Tribunal/First Additional District Judge, Faizabad by which learned Tribunal has awarded Rs. 2,56,600 (two lacs fifty six thousand six hundred only) for the death of Kalika Prasad Tiwari husband of the appellant feeling it to be inadequate compensation.
(2.) A claim petition was filed by the widow of deceased Kapil Prasad Tiwari who was a Bahu -uddeshiya worker in Government department who died due to accident which occurred on 5.10.2000 in front of District Hospital Bikapur by the rash and negligent driving of the driver of truck bearing No. M.P. 17 C/0710 which was coming from Faizabad towards Sultanpur. The first information report was lodged in Police Station Bikapur as Crime No. 308/2000 under Section 279 I.P.C. The age of the deceased was shown to be fifty years at the time of death and his salary was shown to be T 6,000 (six thousand only). Opposite Parties No. 1 and 3 filed their written submission and they admitted that Sohan Yadav is registered owner of the vehicle and Adalat Singh is the driver of the vehicle. No accident took place from his vehicle. Adalat Singh was going to Faizabad and on the way police of Kotwali Bikapur stopped his vehicle and told him that an accident has taken place and an enquiry is going on. Next day Adalat Singh was roped in a challan in Case Crime No. 303 of 2000 under Sections 279 and 304, I.P.C. and the vehicle was seized. The driver of the vehicle had valid and effective driving licence and the vehicle was insured with National India Insurance Company Ltd. It was also stressed that if the Tribunal comes to the conclusion that accident took place by his vehicle then the liability to pay compensation is on insurance company.
(3.) INSURANCE company filed their written statement alleging that no such occurrence took place and the vehicle was not insured with them. Vehicle was being driven against the policy of the Insurance, R.C., permit fitness etc. were not valid and up to date. The income of the deceased has been exaggerated -Deceased Kapil Prasad Tiwari himself was negligent about his safety and security. On the basis of pleading of the parties, learned Tribunal framed following issues. 1. Whether on 5.10.2000 at about 1.15 p.m., an accident took place by rash and negligent driving of the driver of the truck bearing No. M.P. 17 C/710 in front of Bikapur Hospital in the persistent of Thana Kotwali, District Faizabad in which Kapil Prasad Tiwari injured and he died due to the injuries? 2. Whether the vehicle bearing No. M.P. 17 C/710 was not insured at the time of accident? 3. To what compensation if any towards the relief the claimant is entitled and from whom?;