Kaushal Jayendra Thaker, J. - (1.) By way of this appeal under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as the "Act, 1988") at the instance of appellant-Insurance Company who has felt aggrieved by the award of Tribunal. Tribunal has awarded a sum of Rs.4,83,000/- for the death of only breadwinner as against claim petition was for claiming Rs.28,04,000/- as compensation.
(2.) Brief facts necessary for our purpose are that on 27.7.2015 at around 7 pm, when deceased Bhuaal Gaud, having completed his work as a plumber, was returning home on bicycle from Rudrapur and came onto the Rudrapur - Madanpur Road near Kurna Nullah, then the driver of motorcycle no. U.P.52Y/0779 by driving rashly and negligently from the wrong side hit the deceased damaging his cycle and causing grave and critical injuries to him, he was first brought to the Primary Health Centre, Rudrapur where he was declared dead upon reaching the hospital by the doctor. The aforesaid accident occurred due to collision caused by rash and negligent driving of the driver of motorcycle no. U.P.52Y/0779. The accident took place under PS Rudrapur, district Deoria. Deceased was 39 years of age, at the time of accident, deceased earned Rs 12000/- per month from plumbing and agricultural work. Report of the incident was lodged at PS Rudrapur, district Deoria as Case Crime No 883/2015 u/s 279, 304A IPC.
(3.) Petitioner no. 1 is the widow of deceased, petitioner nos 2 & 3 are his major son and daughter, petitioner no 4 is his minor daughter and petitioner no 5 is his minor son. Respondent no 1 is the owner of motorcycle no U.P.52Y/0779, respondent no 2 the ICICI Lombard General Insurance Company is the insurer of the aforesaid motorcycle and respondent no 3 is the driver of vehicle in question.;