VINODNI Vs. VIJAY KUMAR CHOPRA

JUDGEMENT

(1.) This is a claimants appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, the Act) seeking enhancement of the compensation awarded by the Additional District Judge/ M.A.C.T. Court No.6, Lakhimpur Kheri (for short, the Tribunal) in a fatal road accident.

(2.) The claimants, who are seven in number, are all appellants in this appeal. They are the dependents of the late Vinod Kumar, who died in a road accident on 19/9/2012. The seven appellants shall hereinafter be collectively referred to as 'the claimants', except where the context requires individual reference. Respondent no.1, Vijay Kumar Chopra is the owner of the offending vehicle, a truck that caused the fatal accident. He shall hereinafter be referred to as 'the owner'. Shriram General Insurance Company Limited, Kutchehari Road, Branch Lakhimpur Kheri is the second respondent to the appeal, and likewise, to the claim petition. They are the insurers of the offending vehicle. Hereinafter, the second respondent aforesaid shall be referred to as 'the insurers'. Abdul Kader, the third respondent to the appeal and to the claim petition as well, is the driver of the offending vehicle. He shall be referred to in this judgment as 'the driver'.

(3.) The claimants' case in brief is that on 19/9/2012, the deceased Vinod Kumar had left home, riding his motorcycle bearing Registration No. UP-31U-9957, carrying, in secure position, a gas cylinder to the Indane Gas Agency. He was going there to fetch a full cylinder of LPG. At about 8:30 in the morning, as the deceased was moving on the road on his left hand side in front of the Ajmani International School, the driver of truck bearing Registration No. UP-40T-0055 appeared on the scene, driving his vehicle negligently and at a high speed. He hit the deceased's motorcycle leading to his death on the spot and badly damaging the two wheeler. At the time of accident, the deceased was aged 34 years. He was a diesel engine mechanic and did farming as well. He owned 5 bigha land and cultivated another 50 bigha on contract.