- (1.) WE have heard Shri Bhanu Prakash Dubey, learned counsel for the appellant, Shri Deepak Kumar Agarwal, learned counsel for the claimant respondents and Shri Shikhar Anand learned counsel for the respondent no.5 and perused the record.
(2.) INSTANT appeal under Section 173 of the Motor Vehicle Act 1988 has been preferred by the appellant -Oriental Insurance Company Ltd. being aggrieved with the impugned award dated 13 -3 -2007 passed in Claim Petition No. 323 of 2003 delivered by Motor Accident Claims Tribunal/ District Judge, Lucknow.
(3.) IN brief, on 5.5.2003 at about 5.30 p.m. the deceased - Kishori Lal was driving his Scooter to Madiyaon. A Mahindra Scorpio Temporary no. UDN 0026912 (T) coming from reverse direction hit his Scooter. In consequence thereof, Kishori Lal suffered with grievous injuries and succumbed to them. At the time of his death Kishori Lal was aged about 58 years and working as Section Officer in Ambedkar Rural Development Department and his salary was Rs.16,285/ - per month. An FIR was lodged at the Police Station Itaunja, District Lucknow against the offending vehicle followed by claim petition for compensation to the tune of Rs. 21,00000/ - along with interest @24 per cent. The Tribunal had framed four issues and dealt with different aspect of the matter which includes negligence on the part of driver of the vehicle, driving licence, quantum of compensation as well as Insurance policy. Before the tribunal, PW1 -Bhagyawati Devi, PW2 -Ashok Kumar and PW3 -Jagdish Prasad were examined on behalf of the claimants respondents. Different documentary evidence were also filed before the tribunal which includes postmortem report, FIR, salary slip of the deceased, temporary registration certificate, insurance policy cover note etc.;