Sheo Kumar Singh, J. - (1.) This First Appeal From Order has been preferred under Section 173 of the Motor Vehicles Act against the judgment and award dated 29.11.2014 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Pratapgarh, whereby in Motor Accident Claim Petition No.200 of 2012 - Smt. Asha Devi Soni and others vs. Mohd. Mateen and another, learned Tribunal awarded an amount of Rs.5,34,000/- as compensation with simple interest @ 7% per annum from the date of filing claim petition till the date of realization on account of death of Ram Kumar.
(2.) The contents of the appeal reveal that on 28.09.2012 at about 09.00 am when the claimant Asha Devi was coming back from Mauaima, Allahabad with her husband Ram Kumar and Monu on motorcycle, the motor car bearing registration no.U. P.44-S-7286 coming from the side of Faizabad on Allahabad-Faizabad road, driven rashly and negligently, collided with motorcycle in which all the persons on motorcycle got injured and serious injuries were caused to Ram Kumar, who was admitted to District Hospital, Pratapgarh, where he died. He was doing business of vegetable in Bombay and was earning Rs.10,000-12,000/- per month.
(3.) After considering the written statement filed by the appellant/defendant in the case, the Tribunal framed four issues to the effect as to whether on 28.09.2012 at about 09.00 am the aforesaid car collided with the motorcycle and caused injuries whereby the deceased Ram Kumar died during the treatment and as to whether driver of the vehicle had a valid and effective license and as to whether the vehicle was insured at the time of accident. Learned Tribunal after assessment of the evidence found that the driver of the offending vehicle had a valid license and the vehicle was insured at the time of accident. It was further found that the accident was caused due to rash and negligent driving of the offending vehicle and thus the claimants were entitled for payment of compensation.;