LAWS(ALL)-2015-10-65

OM PRAKESH VERMA Vs. KRISHNA GOEL

Decided On October 06, 2015
Om Prakesh Verma Appellant
V/S
KRISHNA GOEL Respondents

JUDGEMENT

(1.) This first appeal from order under Section 173 of the Motor Vehicles Act 1988 has been filed for enhancement of compensation by the appellants against the judgment and award dated 27.11.2008, passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Faizabad in Claim Petition No.162 of 2006 (Om Prakash Verma Vs. Krishna ).

(2.) Brief facts, relevant for disposal of this appeal, are that appellants/claimants had filed a Motor Accident Claim Petition No.162 of 2006 (Omprakash Verma and another Vs. Smt. Krishna Goyal and another), before the learned Motor Accident Claim Tribunal, Faizabad with the assertion that 20.07.2006, at about 8:00 a.m. the daughter of the appellants/claimants Km. Arpita Verma, aged about 11 years, was going to her school in school bus from Roja Gaon to Faizabad. On Faizabad - Lucknow Highway near Village Choti Barai Deodi, Police Station Raunahi, a truck bearing No.HR 38 K 9895 which was being driven by its driver rashly and negligently hit the bus in which the daughter of the claimants was traveling from behind due to which she sustained grievous injuries. She was first admitted to District Hospital Faizabad from there she was shifted to Lucknow Medical College where she succumbed to her injuries.

(3.) The claimants filed a claim petition for compensation before the learned Motor Accident Claims Tribunal, Faizabad.