- (1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the impugned judgment and award dated 23.12.2010 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.1, Hardoi (hereinafter referred to as 'the Tribunal') in MACP No.140 of 2010 (Satyapal Singh Vs. Ram Jiwan and another) whereby the Tribunal awarded compensation of Rs.3,81,000/ - along pendente lite and future simple interest at the rate of 6% per annum in favour of the claimant.
(2.) THE brief facts for deciding this first appeal from order are that respondent no.1 -Satyapal filed the aforesaid claim petition on the ground of death of his wife Smt. Sonu Singh having aged about 25 years, who was working as Shiksha Mitra and earned Rs.3500/ - per month as honorarium. According to the claim petition, on 07.03.2010 at about 12:00 noon when respondent no.1 was coming on motorcycle with his wife from his in -laws house and when, he reached at Banjar Baba Petrol Pump, a motorcycle having Registration No.30 -AM 2076 on which two persons were riding, came in rash and negligence manner in wrong side and hit his motorcycle. Consequently, the respondent no.1 and her wife fall down. In this accident, the wife of respondent no.1 sustained serious head injury. She was admitted in the Hospital at Unnao from where she was referred to Lucknow but before reaching to the hospital at Lucknow she succumbed to her injuries en -route. A first information report about this incident was also lodged against the offending vehicle and its driver. The appellant claimed compensation of Rs.25,10,000/ -. The claim petition was contested by respondent Ram Jiwan, the owner and driver of Motorcycle UP 30 -AM 2076 and the appellant National Insurance Company.
(3.) I have heard Sri Rajiv Misra, learned counsel for the appellant -Insurance Company, Sri Sunil Kumar Singh, learned counsel for the respondent no.1 -claimant and Sri Vineet Kumar Mishra, learned counsel for the respondent no.2 -owner and driver of the vehicle. Aggrieved by the aforesaid award, the appellant filed the present first appeal from order only on the ground that it is a case of head on collision of two motorcycles, therefore, it is a case of contributory negligence and, therefore, negligence of both the driver should be equal. In support of his contention the appellant has relied upon the judgment of the Apex Court in the case of Bijoy Kumar Dugar Vs. Bidya Dhar Dutta and others, 2006 3 SCC 242.;