BHAGWATI KANDPAL Vs. GAJENDRA SINGH

JUDGEMENT

(1.) RAJEEV Gupta, C. J. The claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, for enhancement of the compensation awarded by Motor Accident Claims Tribunal/ District Judge, Nainital, vide Award dated 11-09-2003 passed in Motor Accident Claim Petition No. 190 of 2001.

(2.) THE claimants, who are unfortu nate parents and sisters of deceased Deepak Kandpal, claimed compensation of Rs. 20,25,000/- for his death in mo tor accident when on 04-10-2001, his motorcycle bearing registration No. UA 06-0529, was dashed by the offending vehicle Dumper bearing registration No. UP 02-C-0452 resulting in serious inju ries to Deepak Kandpal, who succumbed to those injuries on his way to Delhi for treatment. On the report about the ac cident, a criminal case was registered at Police Station Haldwani against the driver of the Dumper. THE claimants pleaded that deceased Deepak Kandpal used to earn Rs. 1,00,000/-per annum.

(3.) THE Tribunal, on the evidence led by the parties, held that Deepak Kandpal died on account of the injuries sustained by him in the motor accident on 04-10-2001; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle Dumper; and the insurer of the Dumper was liable to pay compensation to the claimants.