LAWS(UTN)-2007-12-9

ISHWARI DUTT JOSHI Vs. STATE OF UTTARAKHAND

Decided On December 27, 2007
Ishwari Dutt Joshi and Anr. Appellant
V/S
State of Uttarakhand and Anr. Respondents

JUDGEMENT

(1.) THIS is claimants' appeal filed under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar at Rudrapur vide Award dated 20 -06 -2007 passed in Motor Accident Claim Petition No. 92 of 2006.

(2.) THE claimants Ishwari Dutt Joshi and Smt. Mathura Devi - the unfortunate parents of deceased Suresh Chandra Joshi - claimed compensation of Rs. 15,00,000/ - for his death in the motor accident on 25 -02 -2006, when the motor -cycle on which he was traveling as a pillion rider, was dashed by the offending vehicle jeep bearing registration No. UA08B -9911, resulting in multiple serious injuries to claimants' son Suresh Chandra Joshi, who succumbed to those injuries on the spot. The claimants further pleaded that their son Suresh Chandra Joshi was aged about 22 years and was earning 8,000/ - per month from his shop and cultivation.

(3.) THE claimants examined PW1 Ishwari Dutt Joshi and PW2 Vinod Rajput in support of their claim, whereas the Respondents examined DW1 Const. Prem Ballabh in rebuttal.