R.H.Zaidi, J. - (1.) Present appeal under section 173 of the Motor Vehicles Act, is directed against judgment and award dated 15.12.1993 passed by Motor Accidents Claims Tribunal (Addl. District Judge, 1st), Lucknow, in Claim Petition No. 89 of 1990, awarding Rs. 1,00,000 with interest as compensation against the appellant New India Assurance Co. Ltd.
(2.) The relevant facts of the case giving rise to the present appeal in brief are that it was on 23.1.1990 at 7.15 a.m. that Gaurav Srivastava, son of respondent No. 1 aged about 18 years, student of class XI in Government Jubilee Inter College, Lucknow, who was going on his cycle to attend his college on Lucknow-Sitapur Road near Annu Dharam Kanta, P.S. Hajiganj, Lucknow, was knocked down and killed on account of rash and negligent driving of truck No. UGI 9520. Gaurav Srivastava succumbed to his injuries on the spot. Respondent Nos. 1 and 2 (father and mother of the deceased), thereafter filed claim petition before the Motor Accidents Claims Tribunal, Lucknow against respondent No. 3 (owner of the vehicle), respondent No. 4, driver of the vehicle and the appellant insurance company claiming amount of Rs. 4,86,000 as compensation. It was pleaded that Gaurav Srivastava was an efficient and brilliant student. The claimants-respondents had lot of hopes and expectations from him, of which the claimants were deprived on account of aforesaid incident. Hence, the claim petition was filed for the above-mentioned relief.
(3.) Defendant-respondent Nos. 3 and 4 did not contest the claim petition. The petition was contested only by the defendant- appellant, which has denied involvement of the truck in the said incident and alternatively, it was pleaded that the incident took place on account of negligence of the deceased and that amount of compensation claimed by the claimants-respondents was excessive and unreasonable.;