RENU TIWARI Vs. PALLAVI PANDEY

JUDGEMENT

(1.) Instant appeal under section 173 of the Motor Vehicle Act has been preferred by the appellants-claimants, against the judgment and order/award passed by Motor Accident Claims Tribunal, Balrampur dated 9.1.2013 in M.A.C.P. No.7 of 2012, whereby the tribunal has awarded compensation amounting to Rs.26,61,976/- along with 6% interest. Appellant-claimant no.1 is widow of deceased Krishna Murari Ram Tiwari, whereas appellant-claimant nos.2 to 4 are minor children of deceased and appellant-claimant nos.5 and 6 are parents of deceased. Appellants-claimants have sought enhancement, over and above the amount awarded to the amount claimed before the tribunal i.e. Rs.66,05,181/-, primarily on the ground that monthly salary of the deceased has been incorrectly determined; future prospects have not been correctly valued; personal and living expenses of the deceased have not been correctly valued and the amounts under different heads towards loss of consortium, loss of care and guidance of minor children and funeral expenses have not been awarded.

(2.) The facts emerging from the records are that deceased Krishna Murari Ram Tiwari was a permanent employee of M/s Bajaj Hindustan Ltd. (Sugar Division) Unit, Kundrakhi Kastua, P.O. Govindpara, District Gonda, and was working in night shift from 10.00 PM to 6.00 AM. On 28.11.2011 at about 9.30 PM, while he was on way to the factory along with Sandeep Kumar Tiwari on a motorcycle bearing registration no. UP 47 D-7612, having reached Bankatwa, he was hit from behind by Xylo Mahindra Vehicle bearing registration no. UP 47-D 3819 due to rash and negligent driving by its driver, as a result whereof the deceased sustained serious and fatal injuries and while he was taken to the district hospital at Gonda, he succumbed to injuries. A first information report as Case Crime No.1062 of 2011 under section 304-A and 427 I.P.C. was lodged, wherein the vehicle in question was mentioned. Accordingly, a claim for compensation has been filed under section 166 of the Act by the appellants-claimants under specified heads.

(3.) The owner of the vehicle as well as the insurance company contested the claim by filing written statement.