MADRESH Vs. U.P.S.R.T.C.

JUDGEMENT

(1.) This is an appeal by the claimants of Motor Accident Claim Petition No.48 of 1992, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal.

(2.) According to the claimant-appellants, who are dependents of the late Rajvir Singh, the deceased, on the 2 nd of December, 1991 was proceeding from Roorkee to Meerut on board Maruti Car, bearing registration No. DNC-2281. He was travelling on the car along with Raj Kumar and some others. The car was moving according to the rule of the road and at a controlled speed. At forty minutes past seven in the evening, as the car reached the Village Siwaya, a bus, owned by the Uttar Pradesh State Road Transport Corporation (for short, 'UPSRTC'), bearing registration No. UHN-2268, approached from the opposite direction. It was driven at the high speed of about 70 kilometers per hour and negligently. It hit the Maruti Car, leading to injury being sustained by several persons. One Raj Kumar died on the spot. Rajvir Singh, who sustained grievous injuries, was admitted to the Medical College Hospital. He breathed his last on 03/4/12/1991. A First Information Report about the accident was lodged with the Police, leading to the registration of a case. Rajvir Singh's body was sent to autopsy, that was carried out at the P.L. Sharma Hospital, Meerut.

(3.) According to the claimant-appellants (for short, 'the claimants'), the deceased was a Constable in the Uttar Pradesh Police and aged thirty-six and a half years at the time of his demise. He was a healthy man and in the usual course of life would have gone on to celebrate his 85 th birthday. The deceased was in receipt of a total salary of Rs.1961.00 per mensem. Due to Rajvir Singh's untimely demise, the claimants have been destituted and left without a source of income. The claimants have also been denied their love and affection. A compensation in the sum of Rs.8,10,000.00 was, accordingly, claimed.