JUDGMENT :

1. Heard Sri K.S. Amist, learned counsel for the appellant and Sri Durga Shanker Shukla, learned counsel for the respondent.

2. This appeal, at the behest of United India Insurance Co. Ltd. challenges the judgment and award dated 15.9.1994 passed by XVI Additional District Judge/ Motor Accident Claims Tribunal, Allahabad in Claim Petition No. 175 of 1991 whereby the learned Tribunal has awarded Rs.1,72,000/- as compensation with interest at the rate of 15% per annum with a direction upon the appellant herein to pay the above.

3. Brief facts as culled out from the record are that on the fateful day when the incident occurred the truck insured with the appellant was overloaded and was being driven by its driver on the excessive speed. The truck dashed with the electric wire which was there and due to the overloading the wire broke and sparks were there which touched the high voltage and spread to the village whereby the wife of the respondent-claimant breathed his last due to electrocution. The driver did not stopped his vehicle though it was overloaded. The deceased was skilled labourer earning Rs. 2200/- per month and was 20 years of age. The claimant filed claim petition.