LAWS(ALL)-2006-12-139

MOHENDRA KAUR CHAUDHARY Vs. BHOLE

Decided On December 18, 2006
MOHENDRA KAUR CHAUDHARY Appellant
V/S
BHOLE Respondents

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This appeal, preferred u/s 173 of the Motor Vehicles Act 1988, is directed against the award dated 05- 12-2000 passed by the Motor Accident Claims Tri bunal/ IIIrd Additional District Judge, Dehradun, in MAC. Case No. 39 of 1998 whereby the claim of the claim ants was allowed for an amount of com pensation to the tune of Rs. 5,50,000/-and the appellant/ owner of the tanker-Smt. Mahendra Kaur was directed to pay the same.

(2.) THE claimants, children of de ceased-Krishna Pal had filed a claim petition for compensation of Rs. 20,00,000/- before the Tribunal alleging therein that on 01-10-1997 at 7:00 p. m. , while the deceased- Krishna Pal was coming back from Circle Office alongwith Head Constable, Satyapal Singh by Hero Honda Motor Cycle to the Police Station Nangal, District Saharanpur, a offending tanker No. UP 80-D-9018 being driven rashly and neg ligently by its driver hit the Motor Cycle of the deceased. THEreafter, the driver of the offending tanker fled away from the place of occurrence. THE Head Consta ble, Satyapal Singh took the injured to the Government Hospital, Saharanpur where the doctors referred him for Chandigarh. But Krishna Pal died on account of the injuries sustained in the said accident. It is further alleged in the claim petition that the deceased was getting a salary of 4. 122/- p. m. Besides this, he was also getting Rs. 3,000/-p. m. from the agricultural land.

(3.) FEELING aggrieved by the award, the owner of the Tanker- Mahendra Kaur/ appellant has filed this appeal.