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SARAL SRIVASTAVA
Krishna Prasad Tiwari – Appellant
Versus
Pramod Kumar Yadav – Respondent


Advocates Appeared:
For the Appellant : Ram Singh, Amit Kumar Singh.
For the Respondent: Arvind Kumar, Arun Kumar Shukla.

JUDGMENT :

1. Heard Sri Ram Singh, learned counsel for the claimants/appellants and Sri Arun Kumar Shukla, learned counsel for the respondents.

2. The claimants/appellants being dissatisfied with the quantum of compensation have preferred the present appeal with a prayer for enhancement of compensation.

3. Learned counsel for the claimants/appellants has contended that finding of the Tribunal that since the deceased was not having a valid driving licence to drive the motorcycle, therefore, there was some negligence of the deceased in the accident is perverse and against the record inasmuch as there was no evidence on record to prove the negligence of the deceased in the accident. It is further submitted that claimants/appellants had produced eye witness of the accident P.W.2 Ram Vilas Mishra, who proved the negligence of the driver of the offending vehicle namely Bus No.U.P.-70-CT-4080, and thus, finding of the Tribunal in respect of negligence of the deceased is not sustainable in law.

4. It is further submitted that the accident had taken place on 15.11.2015 and the Tribunal has assessed the income of the deceased as Rs.3,000/-per month and even if there was no proof of income of the

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