Kaushal Jayendra Thaker, J. - (1.) This appeal under section 173 of Motor Vehicle Act, 1988 ( hereinafter referred to as the " Act, 1988") is preferred by The Oriental Insurance Company Ltd. against judgment and award dated 2.2.2007 passed by Motor Accident Claims Tribunal / Additional District Judge, Room no. 15, Allahabad in MACP No.268 of 2003, whereby compensation of Rs.3,67,964/- with 6% interest was awarded to claimants -respondent.
(2.) The facts are; the driver of the D.C.M. Toyota no. U.P.70 N-9992 by driving rashly and negligently on 11.4.2003 at around 4.00/5.00 am rammed it into Tata Sumo no U.P.70 V-9172, as a result of which Sandeep Kumar Singh aboard the Tata Sumo sustained serious injuries resulting in his death. The FIR in connection with this occurrence was lodged at PS Handia, District Allahabad followed by its registration as case crime no 117/03 u/s 279/337/304A/332 IPC. After investigation, charge-sheet against the driver of the D.C.M. Toyota Rajesh Kumar Yadav was submitted in the concerned court by P.S. Handia police.
(3.) The averments made by the petitioner is that her son Sandeep Kumar Singh was around 23-24 years old and engaged in driving profession, thereby earning about Rs. 4000/- per month. Deceased Sandeep Kumar Singh was a married person who had a son namely Swatantra Kumar and was married to Smt Bharti Devi. The applicant / claimant no. 1 widow has also submitted that this occurrence happened due to rash and negligent driving of the driver of the D.C.M. Toyota, as a result of which many persons aboard in the Tata Sumo sustained injuries. The further submission of the lady petitioner is that on the said time, Sandeep Kumar Singh was a youth and had he not died in the said accident, he would have been alive for long. On account of his death, his family has suffered financial loss.;