Arvind Kumar Mishra-.I., J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) This First Appeal From Order has been filed under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to 'Act') by the appellant, against award dated 20.04.1998 passed by Motor Accident Claims Tribunal/Ist Additional District Judge, Varanasi in Motor Accident Claim Tribunal No.33 of 1988 (Smt. Parwati Devi and others vs. Devi Shankar Rai and others), whereby, the claim petition was partly allowed for compensation amount Rs.20,000/- along with accruing interest at the rate of 12% 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 at 7.30 A.M. on 24.3.1986 at village Shivpur, bypass road, Police Station- Shivpur, district Varanasi, when driver of Vehicle No.UPF 4927 drive it rashly and negligently and dashed with Kumari Asha, aged about 6 years, resulting into her death. 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. 75,000/-. The appellant contested the case and after considering the case on its merit, the claim petition was partly allowed by the tribunal concerned for Rs.20,000/- along with interest at the rate of 12% per annum, which order is subject matter of consideration before this Court.;