SURENDRA SINGH Vs. RAMLAL

JUDGEMENT

(1.) Appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') seeking enhancement of amount of compensation awarded by learned Motor Accident Claims Tribunal, Mahasamund, (for short, 'the Tribunal) vide award dated 30.08.2014 passed in Claim Case No.72/2010, whereby the Tribunal allowed application in part and awarded compensation of Rs.3,10,00/- in a fatal accident case.

(2.) Facts relevant for disposal of this appeal are that on 11.07.2019, when Ayushi was playing in front of her house, one truck bearing registration No.CG06-ZC-0153, (for short, 'offending vehicle'), driven by Non-applicant No.1 rashly and negligently, dashed minor Ayushi, as a result of which, she suffered grievous injuries. She was brought to M.M.I Hospital, Raipur where she was declared brought dead. Accident was reported to PS -Mahasamund, based upon which crime was registered against non-applicant No.1.

(3.) On account of unfortunate and untimely death of their 7 years old daughter, appellants/claimants, who are parents of deceased, filed an application under Section 166 of the Act of 1988 seeking compensation of Rs.4,00,000/- on the ground that on the date of accident, deceased -Ayushi was aged about 7 years only and studying in PP-1 at Carmel Public School.