TAPESWARI DEVI Vs. MOHD. RAISH

JUDGEMENT

(1.) The present appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 (the 'Act' for short) against the award dated 22nd March, 2010 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No. 7, Lucknow (hereinafter referred to as the Tribunal) in Claim Petition No. 42 of 2009 Smt. Tapeswari Devi & Ors. v. Mohd. Raish & Ors., awarding compensation of Rs. 1,17,000 on account of death of Km. Laxmi Chaurasia in a motor accident occurred on 6th November, 2008 at 1.15 p.m. on Campbell Road near Bajpai Misthan Bhandar, P.S. Thakur Ganj, District Lucknow. Factual matrix for deciding this appeal is that on the fateful day Km. Laxmi Chaurasia was going on his bicycle for computer coaching to Rajajeepuram and when she reached at about 1.15 p.m. on Campbell Road near Bajpai Misthan Bhandar on 6th November, 2008 a truck having registration No. U.P.-32A-1626 coming from Balaganj side, hit the bicycle from its back. In this accident cyclist Km. Laxmi Chaurasia received grievous injuries and succumbed to it while under treatment in Trauma Centre Medical College, Lucknow after about 2 hours.

(2.) It was pleaded from the side of the appellant-claimants that deceased was about 19 years and getting Rs. 3,000 per month from tuition and teaching in private school. A sum of Rs. 10,000 was spent in her treatment in Trauma Centre Medical College, Lucknow. Thus, they claimed a total compensation of Rs. 9,50,000.

(3.) The claim petition was filed by the parents of the deceased. It was contested by the owner of the truck Mohd. Raish (respondent No. 1) and insurer of truck I.C.I.C.I. Lombard General Motor Insurance Company Ltd. (respondent No. 2).