ASHA JAISWAL Vs. PARAM JEET SINGH

JUDGEMENT

(1.) Heard, Sri Vishal Tahlani, learned counsel for the appellants and Sri Waquar Hashim, learned counsel for respondent no.2/The National Insurance Company Ltd. None appeared for the other respondents.

(2.) This appeal has been filed for enhancement of the compensation awarded by the judgment and award dated 26.02.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Lucknow in Claim Petition No.59 of 2001(Smt. Asha Jaiswal and others versus Param Jeet Singh and another).

(3.) The facts, in brief, for adjudication of the present appeal are that on 18.05.2000 at about 8:00 a.m. the claimants/appellants were going alongwith the deceased Lakshmi Prakash Jaiswal from Lucknow towards Kanpur on Lucknow-Kanpur road. The deceased was driving the Maruti Car No.U.P.32 C-9850. When the car reached near Village-Barua, Police Station-Azgain, a truck No.U.P.78 T/1887, which was coming from the side of Kanpur and was being driven rashly and negligently by its driver came on the right side and hit the Maruti Car with force. Smt. Asha Jaiswal, Nishit Jaiswal and the deceased Lakshmi Prakash Jaiswal got serious injuries on account of accident. The deceased died after treatment of about 20 hours in K.G.M.C Lucknow. The deceased was aged about 40 years and was working in Jaiswal Frozen Food Carrier, Galla Mandi-Sandila, District Hardoi and earning Rs.5000/- per month. With the aforesaid allegations, the claim petition was filed claiming compensation of Rs.15,00,000/-.