MUSHTARI BEGUM Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal has been preferred by the claimants-appellants against the judgment and award dtd. 19/7/2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Azamgarh (hereinafter referred to as Tribunal) in M.A.C.P. No. 308 of 1999 (Mushtari Begum and others Vs. Kamla Shankar and others), whereby the learned Tribunal has awarded a sum of Rs.3,67,000.00 as compensation to the claimants with interest at the rate of 6% per annum.

(2.) The claimants-appellants have preferred this appeal for enhancement of quantum.

(3.) The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for claiming the compensation under Motor Vehicles Act, 1988 for the death of Rijwan @ Machhan in a road accident with the averments that on 16/8/1999 the deceased was going from his house to his brick-kiln in Azamgarh by car bearing no. U.P. E 928 at 10:20 AM, when he reached village Alipur within the jurisdiction of Tehsil Sagri, a bus bearing no. U.P. 53 A 6885 was coming from opposite direction, which was being driven very rashly and negligently by its driver. The aforesaid bus being driven in such a manner dashed the deceaseds car. In this accident, deceased sustained very serious injuries and died on the way to hospital.