SHRIDEVI Vs. WASIMODDIN NAYEEMODDIN SYED

JUDGEMENT

(1.) Claimants are in appeal challenging the judgment and order passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal No.V, Vijaypur ('Tribunal' for short) in MVC No.1017/2015 dated 31.01.2017, whereby the claim petition filed by the claimant has been allowed in part.

(2.) Claim petition was filed by the appellants/claimants under Section 166 of the Motor Vehicles Act, 1988 seeking for compensation owing to the death of Sri Dayanand in the road traffic accident which occurred on 30.05.2015. It was contended that the deceased was aged about 30 years at the time of accident and was working as a priest in addition to carrying on business. It was alleged that the said accident occurred due to the actionable negligence of the driver of the lorry bearing registration No.MH-20/AT-9522 duly insured with the insurer respondent No.2 herein. The victim succumbed to the injuries sustained in the said accident while taking treatment at V.M. Government Hospital. Accordingly, sought for compensation.

(3.) After service of notice, both respondent Nos.1 and 2 appeared and filed their written statements. On appreciation of the evidence, the Tribunal awarded total compensation of Rs. 14,02,000/- along with interest at the rate of 9% per annum from the date of petition till its realization, allowing the claim petition in part. Being dissatisfied, the claimants are in appeal seeking for enhancement of compensation.