KAUSHAL GUPTA Vs. SHYAMLAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dtd. 24/1/2010, passed by Motor Accident Claim Tribunal/ District Judge, Dehradun In Motor Accident Claim petition no. 48 of 2008, whereby the Tribunal has allowed the claim petition in part and directed respondent no. 3 to pay compensation to the tune of Rs.5,07,000.00 to the claimants along with 6% interest per annum thereon.

(2.) Brief facts, of the case are that on 28/12/2007 at about 1:30 p.m., Virendra Gupta (deceased) was going towards Rispana Pul from ISBT Dehradun, in his alto car no. UA07K-5858, when he reached in between railway crossing and Mahindra showroom, the truck bearing registration no. UGA-9225, coming from the opposite side, which was allegedly driven by its driver rashly and negligently, hit the car of Virendra Gupta from wrong side. In the accident Virendra Gupta (deceased) sustained injuries and during treatment at Doon Hospital, Dehradun, he succumbed to the injuries.

(3.) Appellant no. 1 and 2 are respectively widow and son of the deceased. They filed claim petition before the Motor Accident Claim Tribunal claiming compensation of Rs.45,00,000.00.