- (1.) INSTANT appeals have been filed challenging the judgment and order dated 17.11.2009, passed by Motor Accident Claims Tribunal/VII Additional District Judge, Faizabad in M.A.C.P. No.135 of 2007 (Dal Bahadur Singh and others vs. Rajaband Khan and others) filed under section 166 of Motor Vehicle Act, 1988. While the insurance company has questioned the award of compensation by the tribunal, the claimants have sought enhancement of compensation and as such both the appeals have been heard together and are being decided by this common judgment.
(2.) WE have, while hearing the present appeals, also heard two other appears arising out of same accident, in the context of claim for compensation of other deceased being F.A.F.O. No.236 of 2010 connected with F.A.F.O. No.1006 of 2010.
(3.) THE factual matrix relating to the accident and plea of contributory negligence raised by the insurance company in the context of same accident has been considered and decided by us in the separate judgment delivered in F.A.F.O. No.236 of 2010, hence the issue relating to factum of accident and plea of contributory negligence, therefore, are not being discussed, and the findings delivered in the judgment in F.A.F.O. No.236 of 2010 would govern the factual issue and plea of contributory negligence in the present case as well. In the accident caused on 27.5.2007, deceased Jitendra Pratap Singh, who was driving the motorcycle had died on the spot due to serious injuries sustained in the accident. The deceased was claimed to be a skilled worker performing the functions of colour mixturer in Ajay Prakash Textile Mill and was earning Rs.10,000/ - per month. However, no documentary proofs to establish income of Rs.10,000/ - was brought on record and the tribunal has not accepted the plea of income of deceased of Rs.10,000/ - per month, and however, the tribunal found the deceased to be a skilled worker and his daily income has been treated as not less than Rs.150/ - per day. After adjusting five days leave, his salary was worked out to Rs.150x25=3,750/ - per month.;