Ritu Raj Awasthi, J. - (1.) Heard Mr.Akhter Abbas, learned counsel for the appellant as well as Mr.Deepak Kumar Agarwal, learned counsel for the respondents-claimants.
(2.) This First Appeal From Order has been filed under Section 173 of Motor Vehicles Act against the judgment and award dated 9.10.2006 passed by the Motor Accidents Claims Tribunal in Claim Petition No.72 of 2002;Smt. Sudha Misra & others Vs. U.P.S.R.T.C. and another, whereby a sum of Rs.4,75,000/- along with simple interest at the rate of 7% per annum has been awarded in favour of the respondents-claimants and against the present appellant. The learned Tribunal has also held that in case the amount of compensation along with interest is not paid within 45 days from the date of the judgment and award, the appellant would be liable to pay interest at the rate of 12% per annum.
(3.) As per the given facts of the case, the deceased Sushil Kumar Misra was the conductor of the Bus bearing registration No.U.P.-78 N/7035. At the time of the accident he was performing the duty of the Conductor in the said Bus. The said Bus while going from Padrauna to Kanpur on 20.6.2002 at about 2.15 a.m. in the midnight near the village Makkhapur national highway, Lucknow-Faizabad road, P.S. Rudauli, District Faizabad, met with an accident with a mini truck No.H.R.-55/7833. The impact of the hit was so hard that the driver of the mini truck had died on the spot and the deceased Sushil Kumar Misra had died on 24.5.2002 in Lucknow Medical College. In this regard an F.I.R. was lodged in the concerning police station. The age of the deceased at the time of accident was 43 years. He was earning Rs.5,661/- per month. He was the sole bread earner of his family.;