RAMPATI Vs. ZAHID ALI

JUDGEMENT

(1.) Present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred for the enhancement of the compensation, against the judgment and award dated 8.1.2008 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 185 of 2003. Rampati and others v. Zahid Ali, whereby the total compensation of Rs. 2,95,000 was awarded.

(2.) The brief facts of the case are that on 12.1.1999 at about 8.30 a.m., the deceased Ram Autar alongwith his family members-wife, son, daughter, mother and father, were travelling in a Jeep bearing No. U.P. 32-T 5675 from Lucknow to Sindhauli. When the Jeep has tried to overtake a D.C.M. Truck, then it collided with a Truck, which was coming from the opposite direction. Three persons including the deceased died on the spot. The deceased was aged about 27 years old and he was a Rickshaw Puller. The appellants-claimant have filed a claim petition before the Tribunal, who after examining the entire evidence has awarded a compensation of Rs. 2,95,000 alongwith 8% interest from the date of filing of the claim petition. Not being satisfied, the claimants-appellant have filed the present appeal for the enhancement of the compensation.

(3.) Heard learned counsel for the parties and gone through the material available on record.