SUMAN Vs. HASRAT ALI

JUDGEMENT

(1.) The present appeal preferred by the claimants under Sec. 173 of the Motor Vehicles Act seeks enhancement of compensation awarded by the learned Motor Accidents Claim Tribunal. Vide the impugned award dtd. 16/8/2017, the learned Tribunal has on account of death of Ms Shivani, the daughter of the two appellants, awarded a sum of Rs.12,45,784.00 as compensation along with interest @9% p.a to them.

(2.) Before dealing with the rival submissions of the parties, a brief factual matrix, as necessary for adjudication of the present appeal, may be noted.

(3.) At 5:00 pm on 22/3/2016, when the motorcycle bearing registration number UP 14 BV 3335 on which the deceased, Ms. Shivani was travelling as a pillion rider with one Mr. Sumit reached Jaipuria Mall, Niti Khand, Indirapuram, Ghaziabad, Uttar Pradesh, it was hit by a truck bearing registration number HR 55K 2544, being driven by respondent no. 1 in a rash and negligent manner. Due to the said accident, both persons on the motorcycle sustained grievous injuries and, consequently, Ms. Shivani succumbed to the injuries sustained by her. As the offending truck was insured with respondent no.3, the appellants being parents of the deceased Ms. Shivani preferred a claim petition being MAC Petition No. 1914/2016.