HEERA DEVI Vs. PARAMJEET SINGH

JUDGEMENT

(1.) This is an appeal arising out of the award dtd. 25/7/2015 passed by the Motor Accident Claims Tribunal, Rudrapur, District Udham Singh Nagar in MACT Case No.143 of 2013, whereby a compensation of Rs.3,00,000.00 (Rupees Three Lakh Only) has been awarded to the claimants.

(2.) Brief facts of the case are that on 14/5/2013 at about 03:35 p.m. one Lalji Prasad aged about 32 years was going on his motorcycle to his house from "Mahtosh". On this motorcycle were sitting the mother of Lalji Prasad namely Gulabo Devi aged about 54 years and two girl children namely Roshni and Kiran, aged about 12 years and 9 years respectively. It is alleged that when they reached near Premnagar Puliya, Gadarpur at about 03:35 pm, a truck bearing registration no. JK 02 C -1752 dashed the motorcycle from the back and crushed it, as a result of which, all the four persons who were riding on the motorcycle sustained injuries and ultimately all of them passed away. Thereafter, a claim petition was filed by the claimants and a compensation of Rs.6,00,000.00 (Rupees Six Lakh Only) was claimed on account of death of Ms. Kiran.

(3.) The claim was admittedly moved under Sec. 163-A of the Motor Vehicles Act, 1988. Sec. 163-A of the Motor Vehicles Act, 1988 reads as under:-