MOHAMMAD KALIM Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THE present appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 14th March, 2013, passed by the Motor Accident Claims Tribunal, Unnao in Claim Petition No. 298/2011 for the enhancement of the compensation awarded by the Tribunal.

(2.) THE brief facts of the case are that on 3rd April, 2011, at about 17.30, Mohd. Aleem, the deceased was going on a cycle along with Mohd.Sufiyan. When they reached near Tikuniya Park, a truck was coming from back side, whose driver was driving the vehicle rashly and negligently. The vehicle i.e. Truck No. U.P. 72 H 9435 hit the cyclist. The cyclist and the pillon rider have fallen down. The deceased was taken to a primary health centre from where he was referred to the Lucknow College, where he died on the same night. The appellants -claimants have filed a claim petition, where the Tribunal has awarded Rs.50,000/ - as a compensation with interest @ 6% p.a. Not being satisfied, the appellants -claimants have filed the present appeal.

(3.) LEARNED Counsel further submits that the compensation under the "no fault liability" was awarded for a meager amount of Rs.50,000/ -. So, he made a request that the compensation may kindly be enhanced.