D.P.Singh, J. - (1.) Heard learned counsel for the appellant and Shri A. L. Jaiswal for the claimant.
(2.) This First Appeal From Order is directed against an award of the Motor Accident Claim Tribunal, Allahabad dated 5.9.1981 awarding Rs. 24,250/- together with six percent interest w.e.f. 1.4.1979.
(3.) Kedar, Mason by profession while going on a bicycle on 13.7.1977 was crushed to death by a Truck No. UPI 3351 on 13.7.1977 belonging to the respondent no. 6 and insured by the appellant. The widow, the minor children and the parents filed claim petition no. 162 of 1977 before Motor Accident Claim Tribunal claiming compensation to the tune of Rs. 65,250/-. The appellant appeared with his written statement but the case was not contested by the vehicle owner and after framing four issues, the Tribunal came to the conclusion that the vehicle was being rashly and negligently driven which was the cause of the accident. On the basis of statement of witnesses, it came to the conclusion that the deceased was earning Rs. 10/- per day as Mason and finding that he was about 30 years of age, taking an expectancy of 60 years and further after deduction of ⅓rd towards his personal maintenance, held that the claimants were entitled to Rs. 48,000/-. However, it further made a deduction of 50% because the amount was being given lump sum and taking into account the uncertainties of life. It also granted Rs. 250/- as funeral expenses.;