PRADEEP KUMAR Vs. MASSA RAM VERMA

JUDGEMENT

(1.) Present appeal has been filed by the claimants-appellant, for the enhancement of the compensation, under Section 173 of Motor Vehicle Act, 1988, against the judgment and award dated 06.05.2005, passed by the Motor Accident Claim Tribunal, Faizabad, in claim petition No.121 of 2001, where a compensation of Rs.1,48,666/- was awarded by the Tribunal along with interest @ 6%.

(2.) The brief facts of the case are that on 29.05.2001, at about 8.00 p.m., the deceased Sri Pramol Nishad was going along with Dharmendra Kumar on a cycle as a pillion. He was sitting on the carrier of the cycle. When they reached near Jalalpur crossing, from the back side, a truck bearing number U.P.42/6748 was coming, whose driver was driving it carelessly, rashly and negligently and dashed the cycle. The deceased Sri Pramol Nishad died on the spot. The necessary FIR was lodged. Truck driver ran away from the spot. The claimants-appellant have filed the claim petition, who after examining the entire evidence has awarded a total compensation of Rs.1,48,666/- against the opposite party no.2-New India Assurance Co. Ltd. Not being satisfied, the appellants-claimant have filed the present appeal.

(3.) With this background, learned counsel for the appellants submits that the accident has occurred due to contributory negligence and 1/3rd liability was fasten on the cycle. He also submits that the truck is solely liable for the accident. The evidence of Sri Dharmendra Kumar was not considered by the Tribunal.