- (1.) Both the appeals under Section 173 of the Motor Vehicles Act 1988 have been preferred against the judgment and award dated 19.3.2001 passed in Motor Accident Claim Case No. 7 of 2000 by the Motor Accident Claims Tribunal/IXth Additional District Judge, Faizabad. The appeal No. 301 of 2001 is against the compensation while the Appeal No. 621 of 2001 is for the enhancement of the compensation. The controversy relates to an accident occurred on 2.11.1999 at about 7.30 a.m. in the morning when the deceased Basudeo Batra was on the way on his Scooter No. U.P. 42/2772 and when reached to Naka Bypass, City and District Faizabad, a Truck No. U.P. 78-T/4045 hit the scooter. The Truck was driven rashly and negligently. In the accident, Basudeo Batra suffered grievous injuries and later succumbed to it. The deceased Basudeo Batra was a shopkeeper and at the time of death, he was aged about 34 years.
(2.) While assailing the impugned award, it has been submitted by learned counsel for the appellant-insurance company that it is a case of contributory negligence and compensation awarded is excessive with interest of 12%. The Tribunal recorded a finding that the accident occurred at Naka Bypass on account of rash and negligent driving of the Truck in question. The finding recorded by the Tribunal does not seem to suffer from any perversity. It was incumbent on the driver of the Truck to keep slow at the bypass. From the evidence, it reveals that the Truck was driven rashly resulting in accident in question. Accordingly, we do not find any reason to shift the liability on the deceased, who suffered because of rash and negligent driving of the vehicle.
(3.) So far as the compensation is concerned, the Tribunal had taken into account the income of the deceased in terms of Income Tax Return.;