VINOD KUMAR MISHRA Vs. NATIONAL INSURANCE COMPANY LTD

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.16, Kanpur Nagar ('Tribunal', for short), vide judgment/award dtd. 9/11/2017 and decree dtd. 14/11/2017 in M.A.C.No.820 of 2010 (Vinod Kumar Mishra and others vs. National Insurance Co.Ltd. and others) whereby claimants/appellants was awarded Rs.4,71,500.00, with 6% rate of interest as compensation.

(2.) Brief facts of the case are that on 20/12/2008, the deceased was going on her scooty bearing No.UP78 BP/2060 in DistrictKanpur Nagar. When she reached near Railwaycrossing, GT Road within the jurisdiction of Police StationChakeri, a truck bearing No.UP78AT/4739 coming from opposite direction, which was being driven very rashly and negligently by its driver hit the scooty of the deceased. In this accident, Kumari Anjali Mishra (deceased) sustained fatal injuries and died during the treatment in hospital. A police report was registered at concerned police station regarding the accident. The owner and insurer of aforesaid offending truck filed their respective written statements before the Tribunal. Driver of the truck did not participate in the proceedings. Aggrieved by the quantum of compensation with 6% per annum rate of interest, the appellantsclaimants filed this appeal.

(3.) Heard Shri Ved Prakash Shukla, learned counsel for the appellants and Shri Rajeev Ojha, learned counsel for the respondentsInsurance Company.