GUDDI SINGH AND OTHERS Vs. BABOO AND OTHERS

JUDGEMENT

(1.) Both the cross appeals have been filed Under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and award dated 15.1.2001 passed by the Motor Accident Claims Tribunal, Hardoi in Claim Petition No. 155 of 1999.

(2.) The brief facts of the case are that on 6.3.1999, the deceased Nanhe Singh along with Dhruv Kumar was going in a Tempo from Hardoi to Kaura. Near Kaura, the Tempo has broken down and, as such, the deceased along with his friend Sri Dhruv Kumar and Ashok Kumar decided to go to village on foot. At about 7.30 pm, a Tractor No. 30A 1494 was coming from the opposite side, whose driver was driving the said Tractor very rashly and negligently, hit the deceased along with Sri Dhruv Kumar and Sri Ashok Kumar. All the three persons got injuries. Sri Nanhe Singh was admitted in the district hospital Hardoi where he died. The wife of the deceased and the minor children have approached the Tribunal for compensation.

(3.) The Motor Accident Claims Tribunal, Hardoi, after examining the entire evidence observed that the accident occurred at about 7.30 p.m. on 6.3.1999 due to rash and negligent driving of the Tractor. The Tractor in question was driven by Sri Nand Kishore son of Jugnu alias Jagannath, i.e., father of the driver. The Tractor in question was insured with the National Insurance Company w.e.f. 7.11.1998 to 6.11.1999. Thus, on the date, the Tractor in question was insured. The Tribunal has answered all the questions framed against the insurance company. The Tribunal also observed that a police case was registered against the driver of the said Tractor. The Tribunal mentioned in its order (issue No. 5) that the deceased was earning Rs. 5,000 per month from agricultural activities as well as the business of food grain. However, the Tribunal has awarded lump sum compensation of Rs. 50,000 along with interest @ 15% per annum.