GANPAT DEVI Vs. ISTIYAQ AHMAD

JUDGEMENT

(1.) This is a claimant's appeal, arising out of the judgment and award passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.12, Allahabad, dtd. 31/10/2009 in Motor Accident Claims Petition No. 420 of 2008. The claimant, who is in appeal, seeks enhancement of the compensation awarded by the Tribunal.

(2.) The facts giving rise to this appeal lie in a narrow compass. Narrower still, would be the reference to facts of the case, and proceedings before the Tribunal, because the issue involved in this appeal is about adequacy of compensation alone. Smt. Ganpati Devi is the claimant, who is in appeal. She will hereinafter be referred to as "the claimant". Her husband was the victim of a motor accident caused by the vehicle bearing Registration No. UP-70M/5044, said to be driven rashly and negligently. The claimant's husband, in consequence of the accident, sustained injuries, to which he succumbed. The accident occurred on 23/4/2008 at the Imli Tiraha, Transport Nagar, P.S. Dhoomanganj, District Prayagraj. The deceased was aged 49 years at the time of the mishap. He was employed as a driver with the Jal Nigam and drew a monthly salary of 8,933/-. ?8,933/-.

(3.) The claimant asserts that on account of her husband's demise in the accident, she has sustained financial loss, besides suffering mental agony. She moved the Tribunal to recover from the owner of the vehicle as well as the insurer, a sum of ?8,933/-.14,73,000/- in compensation. The Tribunal, by the impugned judgment, has awarded a sum of 1,61,232/- together with ?8,933/-. 6% simple interest from the date of institution of the claim petition until realization.