Kaushal Jayendra Thaker, J. - (1.) The State has preferred this appeal challenging the judgment and award dated 21.12.1994 passed by the XII Additional District Judge/ Motor Accident Claims Tribunal, Agra in MACP No. 239 of 1989 granting compensation to the heirs of the deceased.
(2.) The facts as they are culled out from the record before this Court are as follows :
(3.) The motor accident claim petition came to be filed by the claimants / respondents under Section 110-A of the Motor Vehicles Act for claiming a compensation of Rs.8,97,800/- with interest from the appellants alleging that the deceased Shiv Singh, husband of Smt. Satyawati was employed as a Company Commandant in 15th Battalion PAC. ON 13.12.1988 he met with an accident with the truck no. U.P. B-4296 belonging to the department of State of U.P., Tubewell Construction Division, Agra. The deceased Shiv Singh was standing near octri post at Agra, as per the case of the respondents. It was further alleged that the said truck of the department was being driven by the driver rashly and negligently and that the said death caused on account of rash and negligent driving by the driver of the Truck. It was further alleged that the deceased was drawing the salary of Rs.2081/- per month and that his agricultural income was Rs.315/- per month.;