- (1.) Heard Sri Ojha, Advocate holding brief of Shri V.C. Dixit, learned counsel for appellant/the Oriental Insurance Co. Ltd and Shri A.K. Singh, learned counsel for claimant. None appears for the owner or United India Insurance Company Limited.
(2.) This appeal, at the behest of The Oriental Insurance Co. Ltd, has been preferred against the judgment and award dated 19.08.2003 passed by Special Judge (N.D.P.S. Act), Court No.1/Motor Accident Claims Tribunal, Ghazipur (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 65 of 1999 awarding a sum of Rs.7,85,000/- with interest at the rate of 9% as compensation in favour of the deceased-claimants.
(3.) The factual scenario emerges is that on 28.6.1999 Manish Kumar who was traveling in jeep no. 77/8077 from Kanpur was proceeding for marriage when the jeep reached near Matiyani Sita Ram Cold Storage Village Matiyani Chaubepur, a truck bearing no. UAN 8883 was being driven rashly and negligently. The truck driver all of us sudden applied brake and without any signal turned the vehicle. The jeep driver who was also driving the jeep rashly and negligently could not control the vehicle and the jeep flip through the road and Mannish Kumar died on the spot. The deceased was B.Sc Graduate and was a student of M.Sc part-I, the deceased was a state level sports person, the notional income of the deceased was averred to be notionally Rs.15,000/- per month as per the averments in the claim petition.;