RAJKALI Vs. IRSHAD ALI

JUDGEMENT

(1.) We have heard Sri Amit Kumar Sinha, counsel for the appellant, and perused the record as also papers filed along with memo of appeal.

(2.) Challenge in the appeal is to the award dated 17.01.2013 passed by M.A.C.T./Additional District Judge, Allahabad in M.A.C.P. No. 372 of 2010: Smt. Raj Kali Vs. Irshad Ali & another, whereby compensation of Rs.4,44,500/- together with simple interest @ 6% per annum from the date of filing of claim petition till final payment had been awarded to the appellant.

(3.) Brief facts of the case are that an accident took place at about 7.00 A.M. on Allahabad-Mirzapur road in Village-Panchdevra, P.S. Karchana, District-Allahabad, between Truck No. U.P.70-BT/3133 and Motorcycle No. U.P. 70-P/7213. The motorcycle was hit by the truck from behind as a result of which Baijnath, pillion rider on the motorcycle sustained fatal injuries. The legal representative/claimants of deceased Baijnath preferred claim petition no. 372 of 2010: Smt. Rajkali Vs. Irshad Ali & another, under Section 166 of Motor Vehicles Act, before the Motor Accident Claims Tribunal. On the basis of the pleadings of the parties, issues were framed and three witnesses were examined by the claimants i.e. widow of the deceased as P.W.1, Abdul Hameed said to be eye-witness of accident as P.W.2 and Kamroop Yadav as P.W.3 for proving the income and occupation of the deceased. At the time of accident deceased was aged about 51 years and his income is claimed to be Rs.3,00,000/- per annum from his own 7 bigha agricultural land and irrigation of agricultural fields of others. No evidence was produced by the respondents.