NASIM AHAMAD Vs. SHASI PANDEY AND 5 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the record.

(2.) This First Appeal From Order has been filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act') by the appellant, against award dated 20.11.2017 passed by Motor Accident Claims Tribunal/Additional District Judge, court no.01, Ballia in Motor Accident Claim Petition no.13 of 2014, Smt. Shashi Pandey and others versus National Insurance Company Ltd. and others, whereby, the claim petition was partly allowed for compensation amount Rs.1,45,000/- along with accruing interest at the rate of 7% per annum from the date of presentation of the claim petition.

(3.) Factual matrix of the case as discernible from the certified copy of the award reflects that the accident in question took place around 8.30 A.M. on 09.07.2013, it so happened that the claimant- respondents had gone to Ballia from his village and when his jeep (U.P. 70 P 0641) reached near Tardila Bharwaliya, they met with an accident, caused by Tractor No. UP 60R- 6004, which was being driven rashly and negligently by its driver. The jeep collided with Tractor No. UP 60R- 6004. Thus, causing injury to the passengers of the jeep in question and one of them- Awadh Bihari Pandey- travelling in the jeep died on the spot. The report was lodged the very same day at 9.20 A.M. against the driver of offending vehicle. The claim petition was preferred seeking relief for Rs. 22,50,000/-. The appellant contested the case and after considering the case on its merit, the claim petition was partly allowed for Rs.Rs.1,45,000/- along with the interest at the rate of 7% per annum, which order is subject matter of consideration before this Court.