MUNNI DEVI Vs. HEERA LAL

JUDGEMENT

(1.) Heard learned counsel for the appellant and Sri Komal Mehrotra, learned counsel for the respondent.

(2.) This appeal, at the behest of the claimants, challenges the judgment and award dated 23.5.2017 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.9, Allahabad now Prayagraj (hereinafter referred to as 'Tribunal') in M.A.C.No.356 of 2016 awarding a sum of Rs.4,47,000/- with interest at the rate of 7% as compensation.

(3.) Facts, in nutshell, as culled out from the record, are that a First Information Report came to be filed being No.046 of 2016 and in the said F.I.R. it is mentioned that on 14.3.2016 at about 8.00 p.m. when the deceased was going to his home from Sahason (name of place) and when he reached Balipur Service Road, a tractor registered as UP 70 DE 8939 which was being driven at an exorbitant speed, dashed with the motorcycle bearing No.UP 70 BZ 5893 driven by deceased which came below the tyres of the said tractor and the deceased died on the spot. The claimants filed the claim petition contending that the deceased was doing carpentry work and was earning Rs.22,000/- per month. The parents of the deceased were aged 39 and 38 years respectively. The deceased was looking after his minor brothers and sisters who were in the age group of 5 to 14 years.