- (1.) This appeal under Section 173 Motor Vehicle Act, 1988 has been filed against judgment and order dated 24.11.2011 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Faizabad in Mother Accident Claim Petition No. 174 of 2011 (Ramesh Kumar Soni and another Vs. Shriram General Insurance Company Limited and another) whereby a compensation of Rs.2,58,000/- has been awarded.
(2.) Brief facts of the case are that on 26.04.2011 at about 8.30 a.m. deceased Ajit Kumar Soni was going by bicycle. As he reached near co-operative society at Maya Bazar to Tanda Road within jurisdiction of Police Station Ibrahimpur, District Ambedkar Nagar, an unnumbered tractor came in very rashly and negligently and hit bicycler deceased from behind. Deceased was taken to District Hospital, Faizabad, but he died on the way due to injuries suffered in the accident. Deceased was doing Sarafa Business at the time of accident and earning Rs.10,000/- per month from the business. Claimant no. 1 (father), and claimant no. 2 (brother) being dependents on the income of deceased filed claim petition.
(3.) Respondent no.1-Insurance company filed written statement, denying averments made in claim petition and pleaded, inter alia, that accident was caused due to negligence of deceased himself. Claimants and owner of vehicle were in connivance. Driver of the vehicle had no driving licence at the time of accident.;