JUDGEMENT
AJAY KUMAR MITTAL,J. -
(1.)The instant appeal under Section 173 (1) of the Motor Vehicle Act, 1988 (for short "the Act") has been filed by the appellant/Insurance Company assailing the award dated 12.2.2016 passed by the 4th Additional Motor Accident Claims Tribunal (for short "the Tribunal"), Banda, District - Sagar in MVC No.47/2014 whereby a sum of Rs.4,28,000/- has been awarded to the claimants/dependents for the death of deceased Gangaram and the appellant has been held liable to pay the compensation.
(2.)The relevant facts necessary for adjudication of the present appeal as narrated therein may be noticed. On 14.9.2012 in the morning at about 7:00 deceased Raju Vanshal was driving pick-up vehicle bearing registration No.UP 93 E-5664, carrying acid containers from Bhopal to Banda, District -Sagar. When he reached near Bilani Petrol Pump the said vehicle dashed with a tree and turned turtle due to which the acid containers bursted, resulting into death of driver -Raju Vanshal and cleaner -Gangaram. Some other persons were also travelling in the offending vehicle, who either sustained injuries or succumbed to death. The matter was reported to the police, on the basis of which FIR was lodged under Section 304-A of the I.P.C. at Police Station -Banda, District -Sagar. The respondents/claimants, who are dependents of the deceased Gangaram, filed claim petition under Section 166 of the Act claiming compensation to the tune of Rs.24,55,000/- against the present appellant and respondent/Non-Applicant No.1/Sumit Kumar Jain- owner of the said vehicle, on the ground that the deceased Gangaram was cleaner of the offending vehicle and he used to earn @ Rs.5,500/- per month.
(3.)Separate written statements were filed by the present appellant and owner of the offending vehicle controverting the averments made in the claim petition. On the basis of the pleadings of the parties, the Tribunal framed the following issues relating to the present appeal :-
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