K.C.AGRAWAL, J. - (1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act preferred against the judgment of the Motor Accidents Claims Tribunal (III Additional District Judge), Fatehpur, awarding Rs. 30,000/- with interest at the rate of six per cent per annum from the date of decree as compensation to the respondents. Out of these Rs. 30,000/-, Rs. 20,000/- had to be paid to the widow and her daughter and Rs. 10,000/- to the mother, minor sister and minor brother of the deceased Ram Pratap.
(2.) RAM Pratap, who had passed B.A. and was doint B.T.C., was going by a cycle on 4th March 1977 at about 3 p.m. when all of a sudden he was crushed by the vehicle UTC 9630 and died in the hospital. On his death a claim petition was filed by the widow of the deceased, his daughter and other relations. The claim was for Rs. 60,000/- on the assertion that the accident occurred due to the sole negligence of the driver of the vehicle aforesaid and that the claimants/respondents had suffered to the extent of Rs. 60,000/- on account of the untimely death of Ram Pratap. The claim petition was contested and one of the grounds taken was that the accident occurred due to the contributory negligence of the deceased and as such the claimants were not entitled to any compensation or in the alternative the amount, which had been claimed in the petition. The Tribunal framed the following issues: (1) Whether the accident occurred due to the rash and negligent driving of the driver? (2) Whether the deceased contributed to the accident? (3) Whether the mother, brother or sister are entitled to get compensation? (4) To what amount of compensation, if any, are the petitioners entitiled?
(3.) ON the controversy arising between the parties, both the parties led evidence in support of their respective cases. The claimants produced witnesses to establish that the accident occurred due to the rashness of the driver of the vehicle aforesaid. Witnesses were produced to show source of income and dependents of the family on the income on the deceased. 4A. The Tribunal held on issue No. 2 that the accident occurred due to the contributory negligence of the deceased Ram Pratap and that the driver of the Vehicle was not solely and exclusively liable for the same. On issue No. 4, which was on the question of quantum of damages, the court below held that the proper amount to be assessed by way of compensation could be Rs. 30,000/- and out of Rs. 30,000/-, Rs. 20,000/- had to be paid to the widow of the deceased and her daughter and the remaining amount of Rs. 10,000/- to other relations, who were the claimants in the claim petition. ;