- (1.) IN this appeal preferred under Section 173 of Motor Vehicles Act, the judgment and award dated 25-8-1998, passed by M. A. C. T. / 13th Additional District Judge, Allahabad, in m. A. C. P. No. 311 of 1997 Kavita Devi v. P. A. C. Commandant 4th Bn. Dhoomanganj, allahabad has been challenged. By the impugned award, the Tribunal below has granted a sum of Rs. 2,83,000/- as compensation for the death of Mohan Lal @ himmat Singh (husband of the claimant ).
(2.) THE claimant/respondent has also filed cross-appeal/objections on 12-11-2003 for enhancement of the compensation.
(3.) MOHAN Lal @ Himmat Singh (hereinafter to be referred as 'deceased') died due to the injuries sustained by him in accident on 28-5-1997 at about 9. 00 p. m. The said accident is alleged to have been caused by p. A. C. Truck No. UP. 70-E/8655 (for short the offending vehicle ). The claimant filed claim petition under Section 166 of Motor vehicles Act (for short the Act) claiming a sum of Rs. 4,75,000 as compensation. It is alleged that when the deceased had gone to purchase house hold goods from the shop situated near ice factory at Kanhaipur turning on 28-5-1997 at about 9. 00 p. m. , he was hit by offending vehicle, which was being backed by its driver in rash and negligent manner. The deceased sustained serious injuries in the accident. He was carried to Gupta Nursing home, from where he was referred to Medical college Allahabad where he succumbed to the injuries. First information report regarding this accident was lodged by Bal Krishan (P. W. 2 ).;