- (1.) This appeal under Section 173 of the Motor Vehicles Act has been filed by the New India Assurance Company Limited challenging the judgment and award dated 13.05.2016 passed by the Additional District Judge (Court No. 6)/Motor Accident Claims Tribunal, Allahabad awarding a sum of Rs.7,18,500/- along with 7% simple interest as compensation on account of death of predecessor-in-interest of the claimant-respondents in a motor accident.
(2.) Facts are that an application under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 was filed by the claimants seeking compensation to the tune of Rs.25.00 lacs on the allegations that on 19.03.2014 Lal Chand while returning home from clinic of Dr. S. K. Katiyar was hit by offending Truck No. UP 92T/3842 which was being driven rashly and negligently at 07:15 AM on Hallet Bridge which resulted in grievous injuries. He was taken to Hallet hospital, Kanpur where he died during treatment. It was further pleaded that deceased was aged 34 years and was earning about Rs.20,000/- per month from dairy business and Rs.1,00,000/- per annum from agriculture. Proceedings were contested by the owner and driver of the offending vehicle and the New India Assurance Company by filing written statement denying the allegations.
(3.) Tribunal on the basis of the pleadings and after analysing the evidence brought on record by the parties both oral and documentary held that accident was caused due to rash and negligent driving of the offending truck. Tribunal recorded the said finding on the basis of the oral testimony of eye-witness Pappu Yadav, P. W. '2', who proved the manner and mode of accident. It was stated by him that he was coming from behind on his motor cycle and saw the accident with his own eyes. He also stated that he took injured to the hospital along with help of public and police. The testimony of P. W. '2' was unshakable in cross-2 examination. Tribunal also took into account the testimony of driver of offending vehicle who though denied the accident but admitted that truck was apprehended by the police at the site of the accident and was later on released from the Court.;