B.D.AGRAWAL,J. - (1.) THIS appeal under Section 110-D of the Motor Vehicles Act is directed against the award of the Motor Accident Claims Tribunal, Allahabad dated October 4, 1977.
(2.) THE accident in question occurred on July 25, 1976 round 4 30 a.m. Hira Lal Pandey was lying near some sand in which he dealt when Truck No. UTB 9576 belonging to respondent No. 6 over-ran him. According to the case put forward by the claimants, as a result Hira Lal Pandey sustained grievous injuries leading to his death within almost 24 hours. The truck. belonged to respondent No. 6, as mentioned above. The deceased was about 32 years of age and the claim, laid was for a sum of Rs. 48,000/- besides interest at the rate of 6% per annum. For the respondent No. 6 it was contended that the accident did not occur on account of rashness or negligence on the part of the driver, as claimed by the claimants. Insurance Company put in separate written statement also refuting the claim for compensation put forward by the claimants. The Tribunal came to the finding that the accident took place directly due to the rashness and negligence on the part of the driver of the truck in question. The Tribunal also found that, considering that the deceased was about 32 years in age and was able to make about Rs. 800/-per month out of which he contributed nearly Rs. 400/- per month upon the maintenance of the wife and the children, the compensation justified would be in the tune of Rs. 48,000/-. The award has been given accordingly for a sum of Rs. 48,000/- in favour of the claimant besides interest at the rate of 4% per annum. Aggrieved against this award, the New India Assurance Company Ltd. has preferred this appeal.
(3.) I have heard the learned Counsel.;