- (1.) THIS first appeal from order under Section 173 of Motor Vehicles Act, 1988 (herein referred to as the 'M.V. Act') has been filed by the appellant challenging the judgment and award dated 27.01.2005 passed by Motor Accident Claim Tribunal/ Additional District Judge, Court No. 5, Lucknow (herein after referred to as the 'Tribunal') in Motor Accident Claim Petition No. 326 of 1999 (Smt. Jagdei and others Vs. Ram Ladeti and others).
(2.) THE Tribunal while deciding the motor accident claim petition found that claimants are entitled to recover the compensation of Rs. 3,69,500/ - from the appellant -The New India Assurance Co. Ltd. with pendente lite and future interest at the reate of 9% per annum.
(3.) THE brief facts for deciding this appeal are that one Ram Asrey was going on DCM bearing No. UMU - 9427 along with his mangoes to market, Malihabad along with other persons at about 10 a.m. As soon as the aforesaid vehicle reached near Village Chihuta, a truck coming from the side of Lucknow having registration No. U.P. -32T -8844 driven by its driver in rash and negligent manner and without blowing any horn came its wrong direction and hit the DCM. Ram Asrey was sitting on the back side of the DCM, was seriously injured in this accident and he succumbed to the injuries during the course of treatment in the hospital. The income of the deceased was Rs. 4,000/ - from agriculture and business. The deceased was survived by his legal heirs who were arrayed as claimant nos. 1 to 6 in the Motor Accident Claim Petition and respondent nos. 1 to 6 in the present appeal. The DCM was being owned by the respondent no. 8 and truck having registration no. U.P. -32T -8844 (herein after referred to as 'truck') is owned by opposite party no. 7. The insurer of the truck is the present appellant.;