BHURE LAL RASTOGI Vs. SHUKHVINDER SINGH

JUDGEMENT

(1.) HEARD Sri G.C. Lakchaura & Sri S.C. Bhatt, counsel for the Appellant and Sri P.C. Maulekhi, counsel for the Respondent No. 4. This is an appeal filed by the claimant for enhancement of the award.

(2.) BY the present A.O. filed under Section 173 of the Motor Vehicles Act, 1988, Appellant has prayed for setting aside the award, dated 11 -8 -2004 passed by the Motor Accident Claims Tribunal / Addl. District Judge / IInd Fast Track Court, Udham Singh Nagar in Motor Accident Claim Petition No. 88 of 2003, whereby, the claimant has been awarded a sum of Rs. 1,32,000/ - along with interest @ 6% per annum.

(3.) ACCORDING to the claimant, on 6 -03 -2003 at about 5.45 p.m. when Pradeep Kumar Rastogi (hereinafter referred to as the deceased) was going to Gaurikhera (Sitarganj) on his Bicycle, as soon as he reached Nai Mandi Gate Amaria Road, a truck No. HNG 4385, which was from the opposite side and being driven rashly and negligently by its driver dashed the decreased and the deceased died on the spot. At the time of accident, the deceased was 15 years of age. On account of this, the claimants have claimed a sum of Rs. 10,80,000/ - towards compensation along with interest @ 12% per annum.