PRABHAWATI SINGH Vs. MANORMA THAKUR

JUDGEMENT

(1.) Instant F.A.F.O has been filed by Smt. Prabhawati Singh, feeling aggrieved by the award passed by Motor Accident Claims Tribunal/Additional District Judge (Ayodhya Prakaran) Lucknow dated 15-09-2005, passed in Motor Accident Claim Case No.512 of 2001 Smt. Manorama Thakur and others versus Smt Prabhawati Singh, by which the claim petition was allowed and opposite party was directed to pay Rs.18,71,100/- as compensation along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of actual payment.

(2.) Facts in brief are that the deceased Sitaram Thakur was going on his Motorcycle No. U.P. 41C3159, from Kala Kankar House to Hazarat Ganj on 27 August 2001 at about 12:40 PM. When he reached near NCC Tiraha Birbal Sahani Road, a Motorcycle No. U.P.32AE 9635, being driven rashly and negligently by its driver hit the vehicle of Sitaram Thakur, due to which he received serious injuries and was admitted in Medical College Lucknow, where during the treatment, he succumbed to the injuries. By filing the claim petition the compensation of 50 lakhs rupees was sought, because at the time of death, age of the deceased was 45 years and he was serving in Rural Engineering Service as an engineer and was getting about Rs.20,000/-as salary. The owner of the motorcycle Smt. Prabhawati Singh denied the accident though admitted the ownership of the motorcycle.

(3.) The tribunal below after going through the pleading of the parties framed following issues: