RAM PAL Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE appellants, who are claimants in this case, have filed the present appeal under Section 173 of Motor Vehicles Act, 1988, for enhancement of compensation as awarded by Ms. Sujata Kohli, Judge, MACT (for short as 'Tribunal') vide judgment dated 27th April, 2004

(2.) BRIEF facts of this case are that on 14th August, 2001, at about 5.45 p.m., deceased Smt. Kanti was standing at road side at Shiv Vihar Colony, at Main Bawana Road, Delhi, intending to cross the road, when a Tempo bearing No. DL-IL-7664 being driven allegedly at a very high speed, in a rash and negligent manner came from Shahbad Village side and hit the deceased, as a result thereof, the deceased fell down and sustained grievous injuries. Later on, deceased succumbed to her injuries.

(3.) VIDE order dated 8th July, 2002, passed by the Tribunal, respondent No.1 i.e. the driver of the offending vehicle was given up by the counsel for the claimant and as such name of respondent No.1 was deleted from the array of the claim petition.