BEENA TYAGI Vs. MOHAMMED AZMER

JUDGEMENT

(1.) This appeal is preferred by the claimantsappellants for enhancement of compensation awarded to appellant by Motor Accident Claims Tribunal/ Additional District Judge, Court No.5, Ghaziabad ('Tribunal', for short), vide order dtd. 7/1/2016 in M.A.C.P. No.143 of 2013 (Smt.Beena Tyagi and others vs. Mohd.Azemer and others) whereby claimants/appellants was awarded Rs.6,87,000.00, with 7% rate of interest as compensation.

(2.) Brief facts of the case are that in the intervening night of 28/29/1/2012, the marriage ceremony of son of the deceased Sanjeev Tyagi was going on. At about 00:10 a.m., the deceased came out from mandap to seeoff his friends. When he was standing beside the road, a Bolero Car bearing No.UP34N/7867 came from the side of Meerut, which was being driven very rashly and negligently by its driver dashed the deceased after coming on the wrongside in front of the gate of the mandap. In this accident, the deceased sustained serious fatal injuries and died on the way to hospital. It is also averred that the age of deceased was 43 years and he was serving in a private company in Ghaziabad. The driver of the offending vehicle and its insurance company filed their respective written statements.

(3.) Heard Shri Bharat Bhushan Paul, learned counsel for the appellant and Shri Komal Mehrotra, learned counsel for the respondents.