TEJ PAL SINGH Vs. PREMWATI

JUDGEMENT

(1.) Heard Sri A.K. Srivastava, learned counsel for the appellant.

(2.) The present appeal has been filed against the judgment and award dated 28.03.2014 passed by the Motor Accident Claims Tribunal /Additional District Judge, Court No.1, Budaun in M.A.C.P. No.30 of 2013 by which compensation of Rs.3,04,000/-, with interest at the rate of 6% from the date of presentation of claim petition, has been awarded as against the appellant (the owner and driver of the tractor No. U.P.24 J 5487).

(3.) A claim petition, under Section 166 of the Motor Vehicles Act, was filed against the appellant alleging that on 19.01.2013 when Rajesh Kumar (the husband of the claimant-respondent no.1) was going on a bicycle, the offending vehicle being driven in a rash and negligent manner hit Rajesh Kumar thereby causing him serious injuries to which he later succumbed in the hospital. It was claimed that the deceased was aged 48 years and was having his own business, from which he was able to earn 10,000/- per month. A compensation of Rs.15,55,000/- was claimed. There were as many as five claimants (dependents of the deceased) including the widow of the deceased.