JAISHUNISHA Vs. PAWAN KUMAR

JUDGEMENT

(1.) The claimants in a motor accident claim have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the 'Act') against the judgment dated 30.04.2015 and award dated 13.05.2015 passed by the Motor Accident Claims Tribunal/District Judge, Faizabad in Claim Petition No.165 of 2013 (Jaishunisha and another v. Pawan Kumar and others) seeking increase in compensation.

(2.) On 02.09.2012, at about 9.30 a.m., a pickup van bearing registration no. UP 42 T 5256 belonging to Pawan Kumar, respondent no.1, and driven by Sanjay Kumar, respondent no.3, in a rash and negligent manner, came from behind and dashed against a motor cycle bearing no. UP 42 S 3262, which was parked on the extreme left side of the road near Tiny Tots school at Lucknow - Faizabad National Highway No.28. As a result of the said accident Mehtab Ahmad, the son of the appellants, who was sitting on the back seat of the said motor cycle, suffered grievous injuries. He was taken to District Hospital, Faizabad from where he was referred to Lucknow for better treatment where he was treated up to 13.09.2012. On 13.09.2012, Mehtab Ahmad was taken back to Faizabad. On reaching Faizabad his condition again became serious and so he was taken to District Hospital, Faizabad where during treatment he died the same day. The post mortem was conducted on 14.09.2012 in District Hospital, Faizabad. FIR was lodged by Kallu Kurashi on 03.09.2012 at Police Station Cantt., District Faizabad.

(3.) Jaishunisha and Kallu Kurashi, the parents of the deceased, filed a claim petition, under Section 166 of the Act, claiming compensation of Rs.16,80,000/- along with interest @ 14% per annum. The claimants-appellants pleaded that the accident was caused due to rash and negligent driving of the pickup van and that at the time of the accident the deceased was 18 years of age and he was employed as mate/supervisor in a private firm Sarkar Associates, Chowk, Faizabad from where he earned a sum of Rs. 6,000/- per month.