SEWA RAM & ORS Vs. ASHRAF & ORS

JUDGEMENT

(1.) The present appeal is filed by the appellant seeking enhancement of the compensation awarded vide Award dated 20.12.2011. The claim petition was filed by appellants no. 1 & 2 under Section 166 and 140 of the M.V. Act, 1988.

(2.) The brief facts are that on 29.08.2009, the deceased, Sh.Anil Kumar was going on his motorcycle with his brother Sh. Amit Kumar. When they stopped their motorcycle, a truck being driven rashly and negligently in a high speed came from behind from the wrong side and hit the motorcycle and also the deceased who was standing near the motorcycle. The deceased Sh.Anil Kumar was removed to Astha Nursing Home, Baraut and thereafter shifted to Maharaja Agrasen Hospital, Punjabi Bagh, Delhi where he succumbed to his injuries on 30.08.2009.

(3.) Based on the evidence on record, the Tribunal held that the accident took place due to the rash and negligent driving of Respondent no. 1.