By the Court.—This First Appeal From Order has been filed by the United India Insurance Company Limited (for short ‘Company’) under Section 173 of Motor Vehicle Act, 1988 (for short ‘Act’) challenging the judgment and award dated 30.10.2006 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Jhansi in Motor Accident Claim Petition No. 299 of 2002 (Satya Prakash Dwivedi v. Munna and others) whereby and whereunder the Tribunal has awarded compensation of Rs. 6,03,000/- alongwith interest at the rate of Rs. 7% per annum.

2. Satya Prakash Dwivedi - the claimant-respondent No. 1 preferred a claim petition under Section 140 read with Section 166 of the Act inter alia on the ground that on 30.10.2000 when he was returning from his canteen to his home on motorcycle No. UP 93 H 5532 at about 6:30 pm, when the claimant reached near Purohit Nursing Home at Kanpur Jhansi National Highway the offending truck bearing registration No. UP 32 Z 2570 came on the wrong side of the road and dashed against the claimant as a result of which the claimant sufferred grievous injuries. The claimant underwent treatment for 470 days and on account of the said accident the claimant became permanently disabled. At the time of accident the claimant was 32 years of age and was running a canteen from which he was earning Rs. 10,000/- per month. A sum of Rs. 17,00,000/- alongwith interest at the rate of 17% per annum was claimed towards compensation.

3. The claim petition was resisted by the appellant and the owner of the truck by filing their respective written statements. In his written statement the owner of the truck inter alia pleaded that the accident had taken place due to rash and negligent driving of the claimant. The parties led oral and documentary evidence. In support of his claim, the claimant examined himself as P.W.1 and one Rajesh Kumar as P.W.2. From the side of defendant No. 2 Jagdish Pandey was examined as D.W.1. On the basis of the pleadings of the parties, the Tribunal framed five issues.

4. The Tribunal after examining the oral and documentary evidence on record came to the conclusion that the accident had taken place on account of rash and negligent driving of the truck driver. The truck was insured with the appellant Company and on the date of accident the driver of the truck was having a valid licence. The plea of negligent driving by the claimant raised on behalf of the truck owner, was negated. The Tribunal took the age of the claimant as 35 years and in the absence of any proof of income, took the income of the claimant at Rs. 3000/- per month and thereafter taking the disability as 70% applied the multiple of 17 and awarded a sum of Rs. 4,28,400/- towards compensation, Rs. 1,00,000/- towards medical expenses, Rs. 50,000/- towards mental pain and agony and Rs. 25,000/- towards future medical expenses total Rs. 6,03,400/- alongwith interest at the rate of 7%. The relevant portion of the award to which our attention has been invited by the learned counsel for the appellant is extracted below:

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