DHANPATI Vs. STATE OF U P

JUDGEMENT

(1.) This first appeal from order is directed against the judgment and order passed by the Motor Accidents Claims Tribunal dated 24.9.1982 in Claim Petition No. 11 of 1979, by which the claim petition was partly allowed and a compensation of Rs. 5.000/- was awarded to Balopa and Rs. 7,000/- to Dhanpati and her minor daughter.

(2.) Dhanpati alone has filed this appeal under Section 110-D of Motor Vehicles Act claiming a relief that amount of compensation awarded by the Claims Tribunal is illusory and wholly inadequate in view of facts and circumstances of the case. The prayer is to allow the appeal and enhance the compensation according to law.

(3.) On 21.4.1979 an accident took place by motor car No. UTE 414 belonging to the respondent State of U.P., Superintending Engineer, IV Circle, P.W.D., Varanasi. Deceased Chhotey Lal was employed in the Hydel Department at Robertsganj and was getting a salary of Rs. 400/- per month. On 21.4.1979 at 8 p.m. when Chhotey Lal who was going to Chhaka Power Station on rickshaw in connection with his duties, the aforementioned car UTE 414 which was being driven rashly and negligently came from opposite direction and dashed against the rickshaw by which the deceased was travelling. The rickshaw-puller Rajendra Prasad and other occupant of the rickshaw received injuries and Chhotey Lal, husband of the appellant Dhanpati, died due to the injuries caused in the accident.