SEEMA DEVI Vs. HARIBANSH

JUDGEMENT

(1.) This appeal has been preferred by the claimants- appellants against the judgement and award passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.5 Gorakhpur dtd. 15/9/2007 in MACP No.729 of 2016 (Smt. Seema and others Vs. Haribansh and others), by which the Tribunal has awarded compensation Rs.1,89,500.00 with interest at the rate of 6% per annum.

(2.) The brief facts of the case are that claimants-appellants filed a claim petition before the Tribunal seeking compensation under Motor Vehicle Act, 1988 for the death of Ajit Kumar (deceased) in a road accident with the averments that on 7/10/2005 at about 6:30 pm, the deceased was travelling from Gorakhpur Shahar to his house Semuapar in tempo bearing No.UP 53 L 9090. The driver of the aforesaid tempo was driving the vehicle very rashly and negligently and at a very high speed, all of sudden, a vehicle came on the way. The driver had lost his control over the steering of the vehicle and dashed with the tree. In this accident, the deceased sustained serious injuries and died on 8/10/2005.

(3.) Heard Shri Hari Pratap Gupta, learned counsel for the appellants and Shri Ankur Melhotra, learned counsel for the Insurance Company. However, none is present for respondent owner and driver.