Mahendra Dayal, J. - (1.) I have heard Shri U.P.S. Kushwaha, learned counsel for the appellant and Shri Deepak Kumar Agarwal, learned counsel for the respondent and also perused the record.
(2.) The appellant United India Insurance Company Ltd., has preferred this appeal against the judgment and award dated 15.03.2008, passed by Motor Accident Claims Tribunal, Lucknow in Claim Case No.35 of 2002, whereby the claimant-respondent has been awarded compensation amounting to Rs.2,71,000/- alongwith interest @ 8% per annum and liability to pay compensation has been fixed upon the appellant.
(3.) The brief facts of the case are that on 24.01.2002 at about 8:00 PM, the deceased Smt. Guddi Devi was going on Motorcycle No.UP-34-D-3424 from Biswan to Village Jamoli and the motorcycle was being driven by Akalaq Husain. When they were on their way, an animal suddenly came on the road and in order to avoid accident, Akalaq Husain turned the motorcycle towards right-side, as a result of of which he lost control over it and the motorcycle fell in a ditch, as a result of which, Guddi Devi received serious head injuries and died on 30.01.2002 at Balrampur Hospital. The claim was filed by her husband and it was alleged that the age of the deceased was only 20 years. She was a housewife, but she also used to give tuition to the children and her monthly income was Rs.4,000/-. It was also said that Rs.30,000/- were spent in her treatment.;