DINESH CHANDRA SHUKLA Vs. UMA MISHRA

JUDGEMENT

(1.) Heard, Shri Ravindra Kumar Sinha, learned counsel for the appellants, Shri Saket Gupta, learned counsel for the respondent no.1, Shri Arvind Kumar Anand, Advocate holding brief of Shri Anil Srivastava, learned counsel for the respondent no.2 and Shri Asit Srivastava, learned counsel for the respondent no.3.

(2.) The instant First Appeal From Order has been preferred against the judgment and award dated 31.03.2011 passed in Motor Accident Claim Petition No.133 of 2006 by the Motor Accident Claims Tribunal / Additional District Judge, Court No.7, Hardoi by means of which the claim petition has been partly allowed and an amount of Rs.1,52,000/- has been awarded as compensation to be paid by the appellants.

(3.) The brief facts of the case are that on 06.05.2006 at about 6-7 PM in the evening the deceased Anil Kumar Mishra @ Vicky S/o Mahendra Mishra was going to attend the marriage of son of his maternal uncle by his motor cycle having Registration No.UP-32-B-4194 to Police Station-Pachdevra, when a tractor having Registeration No.UP-30-D-5049, being driven rashly and negligently by its driver, came from the front side and got uncontrolled before the village Kaudha and smashed the motor cycle of the deceased, on account of which he died. The deceased was having a valid and effective driving license. The motor cycle was insured by the National Insurance Company Limited which was valid w.e.f. 08.11.2005 to 07.11.2006. The tractor was insured from the New India Insurance Company Limited, Hardoi. The accident was seen by many persons and it was informed to the family members. Postmortem was conducted on 07.05.2006 in the District Hospital, Hardoi. After cremation the grandfather of the deceased lodged an F.I.R. on 08.05.2006 at 12:15 PM at Police Station- Dehat, Hardoi vide Case Crime No.071 of 2006, under Section 279, 304-A and 427 IPC. The deceased was the only earning member of the family. The father of the deceased was suffering from mental depression and he was not known for the last seven years.