Vikram Nath, Dinesh Gupta, JJ. - (1.) This FAFO under Section 173 of the Motor Vehicles Act, 1988 has been preferred assailing the correctness of the award dated 26.2.2009 passed by the Motor Accident Claims Tribunal,/ IInd Additional District Judge, Kaushambi in M.A.C.P. No.24 of 2003 (Smt. Shantee Devi v. Sohan Lal & another ), whereby the Tribunal has awarded compensation of Rs. 1,54,000/- alongwith 6% interest from the date of filing of the claim petition.The facts in brief are that the appellant filed claim petition no.24 of 2003 for grant of compensation on account of death of husband of the appellant.
(2.) As per the contention of the appellant, the husband of the appellant was going to Mundera Mandi for selling his potatos on his own Tractor bearing Registration No.UP-71 B/0079 when he was just pushing his potatos bags, suddenly a Dumper bearing Registration No.UP-70 W/9420 in which the sand was loaded, which was driven by its driver rashly and negligently, hit the said Tractor resulting his grievous injuries to the husband of the appellant and later on he succumbed to his injuries.
(3.) The deceased was having an income of Rs. 4500/- per month and he was 34 years of age at the time of accident. The matter was reported in PS Puramufti, District Kaushambi and on the basis of FIR, a case was registered under case crime No.16 of 2003 under Sections 279, 304A IPC and after completion of investigation, charge sheet was filed against the driver of the offending vehicle Seeta Ram.;