RAJIV RAWAL Vs. MAN SINGH

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal /addl. District Judge, Udham Singh Nagar vide Award dated 03-01-2005 passed in M. A. C. R No. 135 of 2003.

(2.) THE claimants, who are unfortu nate husband and minor son of deceased Smt. Ritu Rawal, claimed compensation of Rs. 44,67,000/- for her death in the motor accident on 16-01-2003, when the Cycle Rickshaw, in which she was going to her school, was dashed by the offend ing vehicle Bus bearing registration No. UP-06/0476 resulting in serious injuries to Smt. Ritu Rawal, who succumbed to those injuries during the course of her treatment in the hospital the same day. THE claim ants pleaded that, deceased Ritu Rawal used to earn Rs. 13,000/- per month as salary from the school and tuition.

(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Ritu Rawal died on account of the injuries sustained by her in the motor accident on 16-01-2003; the acci dent occurred due to the rash and negli gent driving of the driver of the Bus; and the insurer of the Bus was liable to pay compensation to the claimants.