Arvind Kumar Mishra, J. - (1.) Heard Sri S.K. Mehrotra, learned counsel for the appellant and perused the record.
(2.) This First Appeal From Order has been filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act') by the appellant, against award dated 25.01.2018 passed by Motor Accident Claims Tribunal/F.T.C.-1, Jalaun at Orai in Motor Accident Claim Petition no.118 of 2015, Smt. Ramkali and others vs. M/s Rimjhim Spark Pvt. and others, whereby, the claim petition was partly allowed for compensation amount Rs.2,02,000/- along with accruing interest at the rate of 7% per annum.
(3.) Factual matrix of the case as discernible from the certified copy of the award reflects that the accident in question took place on 8.5.2015, it so happened that the claimant- respondents had gone to attend marriage ceremony of their relative on 8.5.2015 and from there they were moving towards Hamirpur, while proceeding they met with an accident at village- Kundaura, caused by Mini Truck No. UP 78- CB-8560, which was being driven rashly and negligently by its driver. The Mini Truck collided with Wagon- R (U.P. 92 P 2466). Thus, causing injury to the claimant- respondent. One of the relatives travelling in the car died on 9.5.2015 during the course of his treatment. After information of the accident was given to the relation of the claimant- respondent, they arrived on the spot, made certain arrangement and the report was lodged at police station Sumerpur at Case Crime No.1162 of 2015, under Sections 279, 337, 338, 304A, 427 IPC against the driver of the aforesaid offending Mini Truck. The averment made in the claim petitioner referred to facts that the deceased was engaged in manual labour and private service and was earning Rs.7,500/- per month. Out of this monthly income the expenses of the entire family were met. The claim petition was preferred seeking relief for Rs. 20,50,000/-. The appellant contested the case and after considering the case on its merit, the claim petition was partly allowed for Rs.2,02,000/- along with the interest at the rate of 7% per annum, which order is subject matter of consideration before this Court.;