HARI SEWAK ALIAS BHAGAT PURWAR Vs. JAHANGIR

JUDGEMENT

(1.) Present appeal has been filed by the appellant-claimant, for the enhancement of the compensation, under Section 173 of Motor Vehicles Act, 1988, against the judgment and order dated 20.12.2011, passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri in Claim Petition No. 339 of 2009. Hari Sewak @ Bhagat Purwar and others v. Jahangir and others. The brief facts of the case are that on 5.9.2009, at about 3.40 p.m., the deceased Smt. Bitto Devi was going in a Jeep bearing number U.P. 31/0936 from Lakhimpur Kheri to her house. When she reached near Sisaiya Road, from the opposite direction, a truck bearing number U.P. 21 N/7060 was coming, whose driver was driving it carelessly, rashly and negligently and collided with the Jeep. The deceased succumbed to injuries and died in the hospital. The claimants-appellant have filed the claims petition before the Tribunal, who after examining the entire evidence has awarded a total compensation of Rs. 2,40,500 against the insurance company. Still not being satisfied, the appellants-claimant have filed the present appeal.

(2.) With this background, Sri Akash Deep Shukla, learned counsel for the appellants submits that the compensation is meagre one. The deceased was running a milk dairy in addition to the embroidery netting etc. but notional income of Rs. 3,000 was taken into consideration by the Tribunal. Lastly, he made a request for enhancement of the amount of compensation.

(3.) After hearing learned counsel and on perusal of the record, it appears that the accident is not in dispute. Both the drivers were holding valid driving licence and the truck was insured with opposite party No. 3-I.C.I.C.I. Lombard Insurance Company Ltd. and on the date of accident. Policy was alive. The Tribunal after examining the site plan and witnesses observed that it was a contributory accident. So, the liability was fixed in the ratio of 60% and 40% between the truck and jeep. The only disputed point is the amount of compensation.