- (1.) Heard Sri V.P. Mishra along with Sri J. Nagar and Manish Tandan, learned counsels for the appellant and Sri Vidya Kant Shukla, learned counsel for the respondents claimants and have gone through the record.
(2.) This First Appeal From Order has been filed by the appellant/owner against the award dated 26.2.2014, passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court 14, Kanpur Nagar in M.A.C.P. No. 719 of 2010 (Smt. Krishna Devi and others vs. Sushil Kumar Gupta), whereby directing the appellant to pay a sum of Rs.14,47,818/- along with interest @ 6% per annum to be payable from the date of petition.
(3.) The factual matrix of the case is as follows : That Suryapal Singh (since deceased) met with an accident on 21.5.2010 at 8 p.m. near the bridge ahead to village Banthari within P.S. Sumerpur, District Hamirpur, while Truck No. U.P. 78-N-9840 hit from back the motorcycle No. U.P. 91- B-1833 which was being driven by him and his real brother Surendra Singh was the pillion rider. According to the claimants-respondents, Suryapal Singh sustained serious injuries over his head and other parts of the body and the motorcycle was also badly damaged. The injured was initially treated in District Hospital, Hamirpur but was referred for further treatment. The injured received further treatment in the Regency Hospital, Kanpur Nagar, however, he succumbed to injuries on 29.5.2010. The pillion rider Surendra Singh went to police station on 31.5.2010 to lodge the F.I.R. but no report was written. Thereafter on 4.6.2010 and 11.1.2011 two typed reports were sent by registered post to S.P., Hamirpur. As no report was written, therefore, on application under Section 156(3) Cr.P.C. moved by Surendra Singh first information report at Crime No. 1019 of 2011 dated 11.6.2011 was registered against unknown driver of offending truck registration No. U.P. 78-N-9840 at P.S. Sumerpur, District Hamirpur. Alleging that the deceased was a tube well operator in the Irrigation Department, U.P. and earning a sum of Rs.13,225/- per month, the claim petition was filed by the legal representatives of the deceased for compensation of Rs.17,93,000/-.;