SHANTI Vs. ANIL AWASTHI @ ANIL KUMAR AWASTHI

JUDGEMENT

(1.) This judgment will dispose of the present appeal and connected Appeal Nos. 867 of 2011, 868 of 2011, 869 of 2011, 870 of 2011 and 871 of 2011.

(2.) This appeal arises out of a judgment and award of Mr. Balendu Singh, Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Lucknow dtd. 26/10/2010 passed in Motor Accident Claim Petition No. 141 of 2005.

(3.) The appeal has been preferred by the claimants, who seek enhancement of the compensation awarded by the Tribunal. The claimants are the dependents of one Keshan (Krishna), who died in a motor accident on March the 8th, 2005 at about 5 O' Clock in the morning at a place beyond Bhitariya near Badaila-Narayanpur Chauraha, falling within the local limits of P.S. Ramsanehi Ghat in the District of Barabanki. According to the claimants, the deceased had boarded a tractor trolley, bearing Registration No. U.P. 78 A-9585, along with other natives of the village to do darshan of Mahadeva at Barabanki. On way to destination on the date, time and place indicated, the passengers on board the tractor trolley got down to answer the nature's call, the tractor trolley being parked on the left hand side of the road. Some passengers proceeded to the nearby fields and some stayed on board. There were still others, who de-boarded, but stood about the parked vehicle. At that time, a DCM truck bearing Registration No. U.P. 78 AN 4185, proceeding from the opposite direction, driven rashly and negligently, hit the stationary tractor trolley. The right side of the tractor trolley was damaged. In consequence of the accident, the deceased suffered serious injuries, of which he died.