SMT. USHA SINGH Vs. ABHAY NARYAN SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant/claimant Smt. Usha Singh being aggrieved against the impugned judgment and award dated 17.10.2007 passed by the Motor Accident Claims Tribunal, Allahabad in M.A.C.P. No. 671 of 2003 (Smt. Usha Singh v. Abhay Narayan Singh & others) awarding compensation to the tune of Rs. 5,16,248/- along with interest @ 6% per annum to the claimant inter-alia on the ground that the compensation awarded by the Tribunal is inadequate and also that the Tribunal has not calculated the compensation as contemplated in law.

(2.) Brief facts giving rise to the instant appeal are that on 1.9.2003 deceased Tribhuwan Singh along with Sanjay Singh was going from Dhokri to Saidabad by motor cycle bearing registration No. UP-70 Y/5388. As soon as they reached on G.T. Road at about 3:00 P.M., a bus bearing registration No. UP-65 H/8331 which was driven rashly and negligently dashed motor cycle from behind on account of which deceased died on spot. Deceased was pillion driver. The FIR of the said accident was lodged at Police Station Handia, Allahabad. Post-mortem of the deceased was conduced by the Doctor. After investigation in Case Crime No. 351 of 2003, police has submitted the charge-sheet against the driver of the said bus. At the time of accident said bus was insured with the respondent No. 2. The claim petition was filed by the appellant/claimant with the allegation that she, her children and mother-in-law are the legal representative/dependent of the deceased. At the time of accident deceased was working in Bharat Sanchar Nigam Ltd, Pipariya, District-Hosangabad, (M.P.) as Senior T.O.A. Deceased was aged about 44 years and was the sole bread earner of the family. Therefore, a sum of Rs. 29,00,000/- has been claimed as compensation.

(3.) The said claim petition were contested by the owner of the said bus as well as the Insurance Company of the offending bus denying the allegations by filing written statement. Owner of the bus pleaded that accident in question had not occurred due to the rash and negligent driving of the driver of the bus and in any view of the matter since the bus was duly insured with the appellant Insurance Company and the driver was having a valid driving license, the liability was on the Insurance Company. It was pleaded on behalf of the appellant Insurance Company that the claim has been filed on false and concocted story. Accident in question had occurred due to rash and negligent driving of the driver of the motor cycle as such the claim petition was liable to be dismissed.