SUNITA AND OTHERS Vs. MAHESH AND OTHERS

JUDGEMENT

(1.) The present appeal is filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation as awarded in the impugned Award dated 30.04.2013 passed by the Tribunal. The claimants are the dependants of late Sh.Jagmohan Gupta, the deceased and had filed the petition under Sections 166 and 140 of the MV Act.

(2.) On 03.07.2010 Sh. Jagmohan Gupta along with other persons was crossing the road at Palwal Camp, Haryana. There was said to be a great rush on the road due to procession of Barat approaching a Banquet Hall. An LPG Tanker said to be driven by its driver respondent No. 1 in a rash and negligent manner despite a stop signal rammed over some people resulting in death of two persons including Shri Jagmohan Gupta.

(3.) On the pleadings of the parties the following issues were framed:-