RAM RATI Vs. RAM KUMAR

JUDGEMENT

(1.) -THE present appeal under section 173 of Motor Vehicles Act, 1988 (for short 'the Act') has been filed against the award dated 3. 11. 2003 passed by Mr. Girish Kathpalia, Judge, Motor Accidents claims Tribunal (for short 'the Tribunal'), delhi for seeking the enhancement of the compensation.

(2.) THE brief facts leading to the dispute are that on 26. 10. 1996, Hukum Chand, deceased was returning from Dehradun in a bus. When the bus reached near the Police post, Siyani Gate, Ghaziabad (U. P.), a truck no. RSF 1692 which was being driven by respondent No. 2, came from the opposite direction and after jumping the divider, the offending truck came on wrong side of the road and hit the bus head-on, causing injuries to the deceased who died on the spot. The offending truck is owned by respondent No. 1 and it is insured with respondent no. 3.

(3.) VIDE impugned judgment, the Tribunal awarded the amount of compensation as Rs. 3,07,664 along with interest at the rate of 12 per cent per annum from the date of petition till 31. 3. 2001 and thereafter at the rate of 9 per cent per annum till the date of actual payment.