PREMA DEVI Vs. FATEH BAHADUR SINGH

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 13.03.2007 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No.60 of 2004 (Smt. Prema Devi and others vs. Fateh Bahadur Singh and another)

(2.) The brief facts of the case are that on 14.02.2004 at about 7.20 am, the deceased was going to his office by his Motorcycle. He was working in Indo Gulf Public Trust Hospital, BHEL, Jagdishpur, District Sultanpur as Ward Boy. When he reached near village Kathaura, P.S. Kamrauli, from the opposite direction, a Truck No.UP 78-B/8245 was coming, whose driver was driving the Truck very rashly, negligently and hit the motorcycle. The deceased died on the spot, who was aged about 50 years. Necessary FIR was lodged. The legal heirs of the deceased have filed a claim petition before the Tribunal, who after examining the entire evidence has awarded a compensation of Rs.3,91,000/-. 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.