SUSHILA DEVI Vs. NAVAL KISHORE

JUDGEMENT

(1.) The instant appeal under section 173 of the Motor Vehicles Act 1988 (in short referred as an Act), has been preferred by the claimants for enhancement of compensation amount awarded by the Motor Accident Claims Tribunal/District Judge, Ambedkar Nagar by its Judgment and award dated 12-12-2012 passed in M.A.C.P. No. 01 of 2012.

(2.) As borne out from the record and hearing of the learned counsels for the parties, it appears that there is no dispute about the deceased Anil Kumar alias Raju Bhai having died in a motor accident. There also appears no dispute that the deceased was a Driver who was driving the truck involved at the time of its accident. Admittedly, the claimants-appellants are the family members /legal heirs of the deceased.

(3.) Although, the claim petition was preferred before the Tribunal under section 166 of the Motor Vehicles Act, but, the Tribunal finding it to be a case of no fault liability, awarded compensation under the impugned award under section 163 -A of the Act.