- (1.) Heard Sri Akhter Abbas, learned counsel for the appellants and Sri Dharmendra Trivedi, learned counsel for respondents/ claimants.
(2.) Undisputed facts of the present case are that on 7.8.2006 at about 7.00 p.m. Sri Ramesh Kumar on his motorcycle (U.P. 33 H/299) alongwith his friend Ram Bahadur are coming from Gaurauli Budhkar to Gadaganj. When they reached the shop of Datadin Maurya, U.P. S.R.T.C. bus (U.P. 33A/9695) due to rash and negligent driving of the driver dashed the motorcycle, as a result of which Sri Ramesh Kumar sustained grievous injuries and died on the spot, his friend Ram Bahadur also sustained grievous injuries. In this regard an F.I.R. at police station Gadaganj under Section 279/337/427/304A I.P.C. At the time of death of Sri Ramesh Kumar was aged about 20 years, passed intermediate, done diploma in computer application from Aman Computer Centre , Rae bareli, employed in Avadh Computer Center, as teacher, his monthly income was Rs.4800/- per month.
(3.) In view of the said factual back ground a claim petition has been filed under Section 166 of the Motor Vehicle Act, 1988 ( hereafter referred to as 'Act') by the claimant namely, (1) Smt. Leelawati Devi , mother of the deceased, (2) Sri Pramod Kumar, brother of the deceased and (3) Km. Neelam, sister of the deceased , registered as M.A.C. no. 298 of 2006( Leetalwati and others Vs. U.P. S.R.T.C. , Lucknow and another ) before Motor Accident Claims Tribunal/ Additional District judge, Court no.8, Rae Bareli . By order dated 8.8.2007 allowed the claim petition awarding a sum of Rs.99,000/- to claimant no.1/ Leelawati, mother of the deceased and Rs. 50,000/- each to claimant no.2 / Pramod Kumar Singh and claimant no.3/ Km. Neelam (brother and sister of the deceased) alongwith 7% interest from the date of filing of claim petition.;