RAKESH AND OTHERS Vs. PRAMOD KUMAR & OTHERS

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehi­cles Act, 1988, has been preferred by the appellants-claimants against the judgment and order dated 28.1.2006 passed by Mo­tor Accident Claims Tribunal/Additional District Judge Haridwar/III F.T.C. District Haridwarin M.A.C.P. No.90/2004, Rakesh and others vs. Pramod Kumar and others, whereby the Tribunal has awarded a sum of Rs.1,14,000/- to the claimants as com­pensation.

(2.) THE claimants-Rakesh and others filed a claim petition before the Tribunal for grant of compensation on account of death of deceased-Smt. Kusum in a mo­tor accident alleging therein that on 19.7.2004 Smt. Kusum along with family members was going to Haridwar from Rishikesh in vehicle Vikram No. U.A.07C/9139. When the said vehicle reached in front of Midway Hotel at Rishikesh-Dehradun bend, Bus bearing Registration No. U.P.14M/9408 being driven by its driver Pramod Kumar rashly and negligently came there and hit the said Vikram at 7.00 a.m., as a result of which Smt. Kusum sustained injuries on her person and died at the spot itself and other passengers sitting in the Vikram also sustained serious injuries in the accident. Therefore, the claimants claimed a sum of Rs.10,95,000/- as compensation against the opposite parties.

(3.) THE learned Tribunal on the basis of pleadings adduced by the parties framed necessary issues. Parties led oral as well as documentary evidence in support of their case.