JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard Shri Amit Manohar, learned counsel for the appellant and Shri R.C. Pathak, learned counsel for the claimants.

2. This appeal has been filed against the judgment and award dated 16.08.2011 of Motor Accident Claims Tribunal/Additional District Judge, Court no. 5, Basti in MACP No. 99 of 2008 in which the learned tribunal has granted Rs. 1,50,00/- as compensation along with 6% simple interest per annum from the date of institution of the claim petition.

3. The factual matrix of the case is that an accident took place on 22.05.2006. Deceased driver Prem Prakash along with owner of the Jeep and other persons returning from Tilak ceremony of nephew of Narsingh Pandey resident of Ladewa to Basti. At night about 10:30 PM near village Bankata when Jeep reached from Manauri Chauraha to railway crossing, a tractor trolly coming in front of the jeep, whose driver driving the tractor trolly very rashly and negligently and dashed the Jeep No. U.P.-51H/1300 and Jeep overturned in a pit and Krishna Kumar Srivastava, Dharmendra, Hanshlal and Bhaagwat Dubey who were sitting in the Jeep died on the spot and others sustained injures including driver and own