GHANANAND BELWAL Vs. DINESH CHANDRA SHARMA

JUDGEMENT

(1.) The claimants (appellants herein) have preferred this Appeal from Order under Sec. 173 of the Motor Vehicles Act, praying for enhancement of an award, then that as it was determined by the impugned award dtd. 20/5/2017, to the tune of Rs.16,28,107.00, which stood denied, in its totality because the only compensation, which has been awarded by the learned Motor Accidents Claims Tribunal, has been assessed to be Rs.3,21,893.00 with the interest payable on it, as observed in the impugned order.

(2.) The learnt counsel for the appellants has argued, that in the proceedings, which were held before the learned Motor Accidents Claims Tribunal, by way of MACP Case No. 36 of 2013, Ghananand Belwal and Others Vs. Dinesh Sharma and Others, the claimants have contended, that in an accident, which has chanced on 8/12/2012, at about 5:30 p.m., the young son of the claimant, namely, late Mr. Rajesh Belwal, who was riding a Motorcycle and was about to reached at Vinayak petrol pump, Khutani, all of a sudden, a Truck bearing registration No. UP-025T-8485, which was being driven negligently by the driver of the offending vehicle hit the motorcycle, as a consequence to which the owner of the vehicle, who was the pillion rider, had suffered grievous injuries, due to which he was immediately taken to Krishna Hospital, where he was kept under treatment, and later on he was declared to have met with the sad demise on 8/12/2012, due to injuries suffered by him in the accident.

(3.) As a consequence of the aforesaid ill-fated accident resulting into the death of the young son of the claimant who was at the relevant time of accident was of about only 27 years of age, it was alleged by the claimants, that he was national level swimming champion; apart from that, he was engaged in dealing with computer hardware and software business. It was alleged by the claimant that the deceased was also engaged with in various other activities, as it has been referred to in the claim petition, including performing the work of mobile repairing and also he was engaged in the business of astrology. It was also submitted that the deceased was also engaged with an NGO called B2R, as a Software Engineer and out of the aforesaid engagements, as referred to therein in the claim petition, he was having sufficient earning, by which he use to take care of himself and the claimants, who were dependent on his income detailed above.