- (1.) THIS appeal under Section 173 of Motor Vehicles Act is directed against award dated 19.03.2009 passed by MACT/Additional District Judge, court no. 6, Lakhimpur Kheri in Claim Petition No. 150 of 2002 awarding a sum of Rs. 1,96,700/ - on account of death of Ashok Kumar Shukla in a road accident involving Bus of UPSRTC.
(2.) I have heard learned counsel for the appellant and perused the original record.
(3.) BRIEFLY stated facts are that Smt. Sushila Devi and her children filed a Claim Petition No. 150 of 2002, under Section 166 of Motor Vehicles Act, 1988 before MACT/District Judge, Lakhimpur Kheri claiming compensation of Rs. 13,00,000/ - alleging that Ashok Kumar Shukla, husband of Smt. Sushila Devi (claimant no. 1) had gone to Bareilly city and while he was returning home, around 11:00 pm in the night, roadways Bus No. UP25/9214 which was being driven in rash and negligent manner, dashed Ashok Kumar Shukla causing his instantaneous death. Report of accident was lodged in same night at Police Station Mohammadi, under Sections 279/304 -A I.P.C. Post -mortem was conducted on 05.08.2002. Deceased, a businessman, also having knowledge of astrology, was earning Rs. 5000/ - per month. Deceased had two sons and one daughter apart from wife etc.;