RAM SANWARI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondents. This first appeal from order has been filed by Ram Sanwari w/o late Kalika Prasad Tiwari resident of Village Lutphabad, Bachhauli. Police Station -Bikapur, District Faizabad against the award dated 22.3.2003 passed by Motor Accident Claims Tribunal/First Additional District Judge, Faizabad by which learned Tribunal has awarded Rs. 2,56,600 (two lacs fifty six thousand six hundred only) for the death of Kalika Prasad Tiwari husband of the appellant feeling it to be inadequate compensation.

(2.) A claim petition was filed by the widow of deceased Kapil Prasad Tiwari who was a Bahu -uddeshiya worker in Government department who died due to accident which occurred on 5.10.2000 in front of District Hospital Bikapur by the rash and negligent driving of the driver of truck bearing No. M.P. 17 C/0710 which was coming from Faizabad towards Sultanpur. The first information report was lodged in Police Station Bikapur as Crime No. 308/2000 under Section 279 I.P.C. The age of the deceased was shown to be fifty years at the time of death and his salary was shown to be T 6,000 (six thousand only).

(3.) INSURANCE company filed their written statement alleging that no such occurrence took place and the vehicle was not insured with them. Vehicle was being driven against the policy of the Insurance, R.C., permit fitness etc. were not valid and up to date. The income of the deceased has been exaggerated -Deceased Kapil Prasad Tiwari himself was negligent about his safety and security.