Arvind Kumar Mishra, J. - (1.) Heard 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 05.02.2018 passed by Motor Accident Claims Tribunal/Additional District Judge, court no.12, Allahabad in Motor Accident Claim Petition no.152 of 2014, Prem Narayan Gupta and another vs. Buddhan Prasad and another, whereby, the claim petition was partly allowed for compensation amount Rs.1,80,000/- along with accruing interest at the rate of 7% per annum from the date of filing of claim petitioner upto actual payment to the claimants- respondents.
(3.) Factual matrix of the case as discernible from the certified copy of the award reflects that the accident in question took place at 7.00 P.M. on 9.2.2014 at village Bamera, Police Station- Shankergarh, district Allahabad when driver was driving Tractor No.UP 70B/4754 rashly and negligently, which hit Seema Devi aged about 10 years, resulting into her death. The report of the incident in question was lodged at police station- Shankergarh, district- Allahabad at Case Crime No.31 of 2014, under Sections 279, 304A IPC against the driver of the aforesaid offending vehicle in question. The averment made in the claim petition referred to facts that the deceased was a minor girl. The claim petition was preferred seeking relief for Rs. 10,00,000/- along with accruing interest at the rate of 15% per annum. The appellant contested the case and after considering the case on its merit, the claim petition was partly allowed for Rs.1,80,000/- along with the interest at the rate of 7% per annum, which order is subject matter of consideration before this Court.;