ANIL KUMAR SHARMA Vs. AMOD KUMAR

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as "Act") has been filed on behalf of the Appellants seeking enhancement of the compensation as awarded by judgment dated 26th August, 2006 passed by Sh.A.S.Jayachandra, Presiding Officer, MACT, Delhi for a sum of Rs.3,66,801/- along with the interest @ 7.5% p.a. except for the period not specifically allowed.

(2.) The brief facts of this case are that the appellant along with his wife and children were going to Mainpuri, U.P. from Ghaziabad, U.P. in a maruti car bearing No.DDC-4215 on 8th March, 1998. When the vehicle reached Village Jamalpur, a truck came from the opposite side and the truck driver wanted to save stray animal and applied sudden brakes. The car was going on the left side and was crossing the truck. It is also alleged that a tractor was also coming behind the truck. When the truck driver applied the brakes, respondent No.1 who was driving tractor bearing No.UP-84-755, moved towards the right hand side and negligently struck the maruti car of the appellant which was being driven by him. There was a head-on-collision. The maruti car was badly damaged and the inmates of the car sustained injuries. Wife of the appellant No.1went into coma. Later on she was treated in various hospitals and ultimately she died on 23rd October, 1998.

(3.) Devi Singh was the owner of the tractor, who died during the pendency of the proceedings pending before the trial court and his legal heirs who is respondent No.2 herein the appeal was impleaded. The offending vehicle was insured with respondent No.3.