BRIJMAWATI SINGH Vs. KRISHNA TULSYAN

JUDGEMENT

(1.) Present appeal for the enhancement of the compensation under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-claimant against the judgment and award dated 5th February, 2007 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 134 of 2005, Brijmawati Singh and Others v. Sri Krishna Tulsyan and Another), whereby a total compensation of Rs. 7,27,000 along with 7% interest was awarded. Brief facts of the case are that on 15th April, 2005 when the deceased Ram Raj Singh was going to his house Ismayelpur from Gramin Bank, Chaubsi by a motorcycle then a Tavera bearing No. UP-65/AA 0261 coming from the Lucknow side, whose driver was driving it very rashly and negligently and hit the motorcycle. He got serious injuries and during the treatment at Medical College, Lucknow, he died. Necessary FIR was lodged. The Tavera was insured with M/s. Iffco Tokyo General Insurance Co. Limited and on the date of accident the Policy was alive and the driver of the Tavera was also holding a valid driving licence. The legal heirs of the deceased have filed a Claim Petition before the Tribunal, who after considering the entire evidence, awarded a compensation of Rs. 7,27,000 along with the interest against the Insurance Company. Still not being satisfied, the appellant-claimants have filed the present appeal for the enhancement of the compensation.

(2.) Heard Mr. Rajendra Jaiswal, learned Counsel for the claimant-appellants. None appeared on behalf of the respondents, though the name of Sri Vinayajit Lal Verma is printed in the cause list.

(3.) After hearing the learned Counsel and on perusal of record, it appears that the factum of accident and the pronouncement of the award are not in dispute. The only dispute is pertaining to the deduction for personal expenses.