(1.) This appeal under Section 173 of Motor Vehicles Act,1988 (in short "M.V. Act") has been preferred against an award delivered in Motor Accident Claim Petition No.- 87 of 1998 on 12.2.2009 by Motor Accident Claims Tribunal (in short "Tribunal")/Additional District Judge, Court No.12 Sri P.P.Tiwari, awarding compensation of Rupees 07,26,260/- with pendenti lite and future interest at the rate of 7% per year to the Respondents No.1 to 4 (Claimants). it was directed under the award that the amount of compensation shall be payable by the Appellant(insurer) with in one month and in case of default of payment within a month the rate of interest would be 9% per year. However right has been given to Appellant/ insurer to recover the amount paid under award from Respondent No.5, the owner of the vehicle.
(2.) The facts necessary for deciding this appeal are as under:-
(3.) That on 23.4.1998 at about 7.30 pm Ramesh Chandra Mishra (Deceased) was going from Billour to Unnao in DCM truck U.P.32-T-5157. The truck met an accident due to rash and negligent driving of driver of truck. Ramesh Chandra Mishra and some other passengers of truck got injuries. Sri Ramesh Chandra Mishra succumbed to the injuries during treatment in hospital. The wife and children of deceased(Respondent No.1 to 4) filed claim petition for compensation of Rs.12,35,000/- alleging therein that deceased aged about 45 years was working as fitter in Scooter India, Lucknow and was getting Rs.6000/- per month as salary. He was the only bread winner of the family. The respondents being wife ,sons and daughters of deceased were fully dependent upon the deceased.
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