Sheo Kumar Singh, J. - (1.) The present first appeal has been filed against order dated 7.7.2014 passed in M.A.C.P. No. 276 of 2013 Smt. Sobha and others versus Nirmal Singh and another passed by Motor Accident Claims Tribunal /Additional District Judge, Court No.3, District Sitapur whereby in a claim petition filed by the claimants an amount of award was granted to the tune of Rs. 7,28,500/- with simple interest at the rate of 7% per annum from the date of filing of the claim petition till the date of payment.
(2.) The contents of the claim petition reveals that on 24.12.2011 at about 11.00 P.M., the husband of the claimant namely Ras Bihari was going on Lucknow-Sitapur road by tractor and at the same time, an offending vehicle truck No. U.P.-32-T-0546 coming from back side and driving by driver rashly and negligently collided with the tractor causing injuries to the deceased and he was taken to Trauma Centre, Lucknow but was declared dead. His body was sent to post mortem report and a first information report as case crime No. 275 of 2011 under Sections 279, 337, 338, 304-A IPC was registered against the offending vehicle. The deceased was of about 32 years of age and was earning at the time of accident.
(3.) The claimants filed a claim petition for compensation and after giving notice to the opposite parties and after assessment of the written statement and statement of the witnesses and documents, the court came to the conclusion that accident took place due to rash and negligent driving of the offending vehicle and since the driver of the vehicle had valid and effective licence and the vehicle was insured, thus learned Tribunal awarded the amount as Rs. 7,28,500/-.;