RASHMI JAIN Vs. SEEMA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This appeal has been preferred against the Judgment and award dated 30.7.2014 passed by the Motor Accident Claims Tribunal, Kanpur Nagar (hereinafter referred to as 'the MACT') in Motor Accident Claim Petition No. 252 of 2011 filed by Smt. Rashmi Jain and another for enhancement of the quantum of compensation.

(3.) Brief facts as culled out from the record are that deceased with others was travelling in Spark Car bearing registration No. HR 01 AA 3660. Kumari Malini Jain (deceased) along with Rohit, his wife Shivani and son Shubham was going to Nazibabad from Delhi on 2.10.2010 when on the way, at about 10 a.m., driver of car bearing registration No. U.P. 20 W 7481 driving his vehicle rashly and negligently dashed with their car from the front as a result of which all the persons received severe injuries. All were rushed to Puja Hospital Nazibabad where they were told to get them treated in a better equipped hospital. The patients were taken to Meerut Hospital. Malini Jain succumbed to injuries on the way to Meerut. In the accident, Rohit sustained fracture in right leg, Shivani sustained fracture in left leg and all the three received injuries on other parts of the body too. Deceased was an intelligent and hale and hearty girl, who was posted as Assistant Manager and used to earn Rs.30,000/- per mensem. She had obtained degree of M.B.A. from M.S.W. and X.L.R. I., Jamshedpur. The claimants filed claim petition claiming a sum of Rs.92,30,000/- as compensation from all the respondents.