PUSHPA SINGH Vs. MANOJ KUMAR SINGH

JUDGEMENT

(1.) These are a bunch of three appeals arising out of the award dtd. 23/1/2014 passed by Motor Accident Claims Tribunal/ Special Judge (Ayodhya Prakaran), Lucknow. Amongst the four initial appeals, Appeal bearing No.441 of 2014 (Smt. Shweta Lamba vs. Manoj Kumar Singh and another) was dismissed on 10/2/2017 on account of default and though an application for recall was moved, but that too was defective, hence, the Court was not inclined to take the matter forward. Consequently, the appeal stood dismissed. Thus, only three appeals bearing First Appeal From Order Nos. 488 of 2014, 439 of 2014 and 442 of 2014 are before this Court for consideration.

(2.) In order to appreciate the controversy and how the three appeals have evolved, it would be relevant to notice that one Shri Ajit Singh expired in a motor accident on 11/2/2010 while he was driving his Honda City Car bearing no. UP78-AZ-1116. He was travelling along with his family members, however the offending vehicle bearing no. UP32-T-8252, which was being driven rashly and negligently, hit the Honda City as a result of which, Shri Ajit Singh expired while his wife Smt. Pushpa Singh, his daughter Smt. Shweta Lamba and his grandson Master Ahan suffered injuries.

(3.) It is in the aforesaid backdrop that Claim Petition No.78 of 2011 came to be filed by all the legal heirs of deceased Ajit Singh, i.e. his wife Smt. Pushpa Singh, daughter Smt. Shweta Lamba and son Vivek Lamba and another daughter who was impleaded as respondent no.3 in the Claim Petition, namely Reshma (who was not travelling in the car with the family members). This Claim Petition was primarily in respect of compensation on account of death of Shri Ajit Singh.