JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Sharve Singh, learned counsel for the appellants and Sri Siddarth Jaiswal, learned Advocate appearing Sri Ashok Kumar Jaiswal, learned counsel for the respondent.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 27.9.2011 passed by Motor Accident Claims Tribunal/Special Judge, (SC/ST Act), Allahabad (hereinafter referred to as 'Tribunal') in Claim Petition No. 292 of 1998 awarding a sum of Rs.3,09,500/-.

3. Brief facts of the case are on the intervening night of 7/8.3.1998 at 00.30 am. on Allahabad-Kanpur Road near Chauphatka which lies within the jurisdiction of Police Station Cantt, Allahabad, the truck bearing No.MP17A/0066, which was being driven rashly and negligently dashed the Maruti Car No.UGV-4647 from opposite direction causing instantaneous death of Vinod Kumar Kesarwani who was driving the Maruti Car.

4. Deceased-Vinod Kumar Kesarwani was 39 years of the age at the time of accident, was doing wholesale trading in fruits and was earning Rs.20,000/-per month. The deceased was survive