STATE OF U.P. Vs. MITHLESH KUMAR

JUDGEMENT

(1.) This defendant's appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988") has arisen from judgment and award dated 25.03.2004 passed by Motor Accident Claims Tribunal/Special Judge, S.C./S.T. (Prevention of Atrocities Act)/Additional Sessions Judge (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.348/2002 awarding compensation of Rs.6,03,640/- to claimant-respondents against defendant-appellant. Claimant-respondent has also been held entitled for interest at the rate of 6 % per annum.

(2.) On 15.08.2002, at around 12.30 PM, Vijay Kumar Tripathi (deceased) along with his son Ajay Kumar Tripathi, riding a Rajdoot motorcycle No.UP 71 A 2342 was coming from his school, Manna Lal Dikshit Inter College, Korai, Fatehpur, to his residence at village-Ramwan Pargana, Tehsil and District-Fatehpur and reached near Bharat Petroleum at G.T. Road, Fatehpur between 120 and 119 km from Fatehpur to Allahabad, when a Mahindra Jeep No.U.P.71 A 1970, driven by its driver, negligently and rashly, and without pressing horn, hit motorcycle from back side while overtaking as a result whereof Vijay Kumar sustained fatal injuries and died while taking to Hospital. Ajay Kumar, son of deceased, also sustained serious injuries. Deceased possessed a valid driving license, aged about 40 years, was a teacher and getting salary of Rs.10,117/- per month, besides agriculture and tuition income. Claimant-respondents instituted claim before Tribunal claiming compensation of Rs.58,24,000/-. Claim was contested by appellant, inasmuch as, tortfeasing vehicle i.e. Mahindra Jeep No.U.P.71 A 1970 was in the use of Police Department i.e. appellant 1 and appellant 2 was driver, in government service.

(3.) Tribunal formulated following two issues :