NATIONAL INSURANCE CO LTD Vs. SHYAM SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 15.03.2010 passed by the High Court of Madhya Pradesh at Jabalpur in Miscellaneous Appeal No. 4867 of 2009, whereby the High Court had partially allowed the appeal filed by the Respondent No. 3 and 4 herein, against the award dated 28.08.2009 passed by the Second Additional Motor Accident Claims Tribunal, Satna, Madhya Pradesh and enhanced the compensation awarded by the Tribunal.

(3.) The factual matrix of the case is that Respondent No. 3 and 4 are parents of one Yogendra Kumar Pathak, who was 19 years of age and on 01.11.2007 while on his way to his village Kor Gaon, he along with his sister were traveling in jeep No. MP 19-A 930. The said jeep was being driven by Respondent No. 1 and met with an accident near Dhal Factory General Road due to rash and negligent driving by the Respondent No. 1which resulted in his death on the spot. FIR was lodged at Police Station, Civil Lines, Satna against the driver under Sections 229 and 304A of the Indian Penal Code. His dead body was taken to his village from the hospital on payment of Rs. 800/- and amount of Rs. 25000/- was spent on cremation.