RAKESH KUMAR Vs. KAMLESH DEVI

JUDGEMENT

(1.) HEARD Shri Lokpal Singh, counsel for the appellant and Shri T. A. Khan, counsel for the respondent no. 6.

(2.) BY the present appeal filed under Section 173 of the Motor Vehicles Act, the appellant has prayed for setting aside the judgment and award dated 21. 1. 2006 passed by the Motor Accident Claims Tribunal, Haridwar in M. A. C. P. N. 55 of 2005.

(3.) BRIEFLY stated, a motor accident claim petition being no. 55 of 2005 was filed for compensation of Rs. 13,15,000/- on account of death of Nepal Singh in a motor accident. According to the claimants, on 19. 2. 2005 at about 7. 30 p. m. when Nepal Singh (hereinafter referred to as 4the deceased4) was doing his duty at Soda Nadi (Doiwala) toll tax barrier, a Tanker No. HR. 38 B/2236 which was coming towards Doiwala dashed the deceased. The deceased sustained injuries and succumbed to injuries on 27. 2. 2005. It has been stated that the aforesaid Tanker was being driven rashly and negligently. The deceased was aged about 39 years at the time of accident. It has been stated that the claimants have suffered mental and physical agony on account of the death of the deceased. The claimants have claimed a sum of Rs. 13,15,000/- alsongwith interst thereon at the rate of 12 per cent per annum.