- (1.) Heard Sri S.C. Srivastava, learned counsel for the appellant and perused the impugned award as also the papers filed alongwith memo of appeal.
(2.) The appellant being insurer of bus number UP 65AR 8091 involved in the instant accident, has challenged the award dated 5.1.2013 passed by Motor Accident Claims Tribunal/Additional District Judge, Court no. 24, Allahabad, in Claim Petition No. 545 of 2011, Smt. Reena Vs. Sanjay Kumar Pathak and others, whereby compensation of Rs. 5,01,000/- together with simple interest @ 7 % per annum has been awarded to claimant respondents no. 1 to 5, on account of death of their bread earner Lavkush.
(3.) It appears that on 10.6.2011 at about 4 P.M. driver of the aforesaid bus driving the bus rashly and negligently dashed with the motorcycle of Lavkush who instantaneously died at the spot. It was further alleged that the deceased was a sailor and used to ferry boat at Sangam, Allahabad for pilgrims and his daily income was Rs. 300-350/-. The claim was resisted by the opposite parties. Owner of the bus denying the allegations of the claimants, contended that his vehicle was insured with the appellant with effect from 18.1.2011 to 17.1.2012 and driver of the bus was having a valid and effective driving licence on the date of the accident. The UPSRTC also filed written statement stating that the offending bus was in its undertaking under an agreement and its owner and insurer are liable to indemnify the award. The appellant resisted the claim denying factum of the accident and other allegations of the claimant. The claimant examined herself as P.W.1 and produced Hukum Chandra P.W.2. They also filed several documents in support of their claim. The owner of the vehicle filed copies of registration certificate, insurance cover note, driving licence, agreement and fitness certificate of the vehicle. The appellant did not adduce any oral and documentary evidence.;