URMILA CHATURVEDI Vs. ISMIL KHAN

JUDGEMENT

(1.) This is a claimants' appeal under Sec. 173 of the Motor Vehicle Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jhansi in the case of a fatal motor accident.

(2.) The claim petition, being M.A.C.P. No.315 of 2000, was instituted by Smt. Urmila Chaturvedi, widow of the late S.K. Chaturvedi and Raj Kumar Chaturvedi, son of the late S.K. Chaturvedi, seeking compensation on account of the demise of Sanjay Chaturvedi, who died in a road accident in the night intervening 25/26/7/2000. Smt. Urmila Chaturvedi is the deceased's mother whereas Raj Kumar Chaturvedi is his brother. Smt. Urmila Chaturvedi was arrayed as claimantpetitioner No.1 before the Tribunal and is appellant No.1 before this Court. Raj Kumar Chaturvedi was claimant-petitioner No.2 before the Tribunal and is appellant No.2 before this Court. Smt. Urmila Chaturvedi and Raj Kumar Chaturvedi shall hereinafter be referred to as 'the claimants', unless the context requires a different or individual reference.

(3.) According to the claimants, in the intervening night 25/26/7/2000 at about half past one, Raj Kumar Chaturvedi was travelling with his brother and one Ankur Lal on board Maruti Car No. UP-93G-0711 from Kanpur to Jhansi. They were bound homewards. The Car was driven by the late Sanjay Kumar Chaturvedi. He was moving on his side according to the rule of the road. As the Car reached near Village Semari, within the local limits of Police Station Moth, District Jhansi, a Truck, bearing registration No. MP-08A-6294, approached from the Jhansi side of the road, driven by its driver at a high speed, negligently and wantonly. The Truck, swerving to the wrong side of the road, hit the Car head on, but on its right side. The impact caused Sanjay and Raj Kumar Chaturvedi, claimant No.2 to sustain grievous injuries. The other passenger on board, Ankur Lal suffered simple injuries. Ankur Lal informed the deceased's home on telephone about the accident. This led members of the deceased's and the injured-claimant's family to reach the spot and conveyed both of them to the Medical College at about half past six in the morning. The two were taken to the emergency facility, where the deceased, who was then alive and the second claimant, Raj Kumar Chaturvedi, were admitted. Both were examined and were in a precarious condition. The family members, finding that the two injured were not receiving suitable treatment and care, moved them to the Sudha Nursing Home. Sanjay was managed at the Sudha Nursing Home until 04. 08.2000, when at 7.30 in the evening hours, he was conveyed to the Nirmal Hospital for surgery. During the surgical procedure to take care of certain haemorrhagic injuries in his abdomen, he breathed his last. The second claimant, Raj Kumar Chaturvedi was discharged from the Sudha Nursing Home on 10/8/2000 with plaster cast to his injured limb. It is said that Sanjay Chaturvedi was a healthy man and would earn a sum of Rs.6000.00 per month, teaching at the Rajeev Coaching Centre. He would spend the money earned to meet the needs of his family.