UNITED INDIA INSURANCE CO LTD Vs. ALIYA BEGUM

JUDGEMENT

(1.) The present appeal is filed by the appellant namely United India Insurance Co. Ltd., against the award/judgment passed by the Motor Accident Claims Tribunal, Pratapgarh on 25.04.1992 in Claim Petition No. 7 of 1990 whereby a compensation of Rs. 98,000/- was awarded in favour of the claimants-respondents.

(2.) The brief facts of the case are that on 3rd January, 1990, at about 8.00 p.m., at Village Rajanpur, P.S. Kunda, District Pratapgarh, the opposite party No. 7 Shakiluddin was driving the Tractor No. UTO 8681 while Sohrab Khan was working as labourer on the said tractor for the loading and unloading of manure and was injured due to rash and negligent driving of the said tractor. Subsequently, the victim was died due to the injuries caused in an accident in question. It was claimed that deceased was earning Rs. 800/- per month, so the claim petition was filed for Rs. 1,60,500/-. However, after examining the entire evidence, the Tribunal has awarded the compensation of Rs. 98,000/- in favour of the claimant widow and minor children and against the appellant Insurance Company. Being aggrieved, the appellant Insurance Company has filed the present petition.

(3.) We have heard Sri Vinod Kumar, learned counsel for the appellant and Sri Ajmal Khan, learned counsel for the opposite party No. 1 and gone through the material available on record.