- (1.) HEARD Sri R.C. Sharma, learned counsel for the appellant, Sri J.K. Shukla, learned counsel for the respondents no.1, 2 and 3 and Sri Niranjan Singh, learned counsel for the respondent no.4 and perused the record of this first appeal as well as of the Tribunal.
(2.) THIS first appeal from order under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as the 'M.V. Act') has been filed by the appellant against the judgment and awarded dated 17.07.2006 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.4, Pratapgrah (for short 'the Tribunal') in MACP No.88 of 2005 (Ram Nihor and others Vs. Ram Saran and another), whereby the Tribunal awarded compensation of Rs.4,34,000/ - in favour of the claimants with pendente lite and future interest at the rate of 6% per annum.
(3.) THE short question for consideration before this Court is; "whether 1/3rd deduction is required to be made from the amount assessed for determination of compensation payable to the claimant - Brief facts for deciding this first appeal from order as well as the aforesaid question, in short, are that on 17.04.2005 at abut 9:30 a.m., when Smt. Urmila Devi was going to Babuganj along with others by Tonga, a Marshal Jeep having Registration no.37 -B 1547 came in rash and negligence manner and hit the Tonga from its back near the Village Majhilgaon, District Pratapgarh. Consequently, Smt. Urmila Devi sustained injuries and she admitted in the hospital at Kunda, District Pratapgarh where she was succumbed to injuries. A first information report was lodged about the accident. Thereafter, the claim petition was filed by the husband and the minor children of the deceased. The claim petition was contested by the owner of the offending vehicle and the appellant -Insurance Company.;