NEW INDIA ASSURANCE COMPANY LTD Vs. RANNI

JUDGEMENT

(1.) Heard learned Counsel for the Appellant and learned Counsel for the claimant Respondents. Also perused record.

(2.) Present appeal under Section 173 of Motor Vehicles Act, 1988, has been preferred against the impugned Award dated 24.7.1998, passed by the Motor Accident Claims Tribunal (IV-Additional District Judge, Sitapur) in Claim Petition No. 142 of 1995. Brief Facts giving rise to the present controversy are discussed hereinafter.

(3.) On 10.5.1995, at about 2:00 in the afternoon, one Rajendra Prasad on his way at Hargaon, Sitapur Highway, was crushed from backside by a truck bearing Registration No. UP 76/9055. Rajendra Prasad succumbed to injury at spot. A First Information Report was lodged under Section 302 read with Section 392 IPC. However, later on, police submitted charge-sheet under Section 304-A IPC. Rajendra Prasad was aged about 43 years and was agriculturist having also dairy business. According to claimant Respondents the income of the deceased was Rs. 4,000/- per month who left behind him, his widow Smt. Ranni Devi, sons Varun Kumar and Dheeraj and daughters Km. Preeti and Km. Ruchi, mother Smt. Kokila as dependents.