KATWARI Vs. GUR DAYAL SINGH AND CO

JUDGEMENT

(1.) Heard Ms. Anita Srivastava, learned counsel appearing for appellants and Mr. Pradeep Kumar, learned counsel appearing for the respondents.

(2.) This appeal has been filed under section 173 of Motor Vehicles Act, 1988 challenging the judgment and decree dated 31.10.1991 of the Motor Accidents Claims Tribunal, Allahabad.

(3.) Brief facts giving rise to this appeal are: husband of appellant No. 1, Ram Dularey, while going on a cycle on 2.10.1982 was hit by truck No. UTY 1255 resulting in his death on the spot. Appellant No. 1, who is the widow and appellant Nos. 2 and 3, who were minor daughters at the relevant time, filed Claim Petition No. 181 of 1985 claiming compensation of an amount of Rs. 1,50,000. In support of the claim petition, appellant No. 1, Head Constable Vindhyachal Singh, Mahfooz Ahmad, Abdul Saleem and Ramesh Chandra were examined. Tribunal framed three issues. Finding on issue No. 1 was recorded in favour of claimants. While deciding issue No. 2 it was held that vehicle was insured by New India Assurance Co. Ltd. While deciding issue No. 3 the Tribunal awarded total compensation of Rs. 53,000 under section 168 of the Motor Vehicles Act with interest at the rate of 10 per cent. The said amount was further apportioned among appellant Nos. 1, 2 and 3 as Rs. 22,000, Rs. 15,000 and Rs. 16,000 respectively. Challenging the award given by the Motor Accidents Claims Tribunal, the appellants have filed this appeal.