TAHIRA KHATOON Vs. MAHENDER LAL ARORA

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is claimants appeal, un der section 173 of the Motor Vehicles Act, for enhancement of the compensa tion awarded by the Motor Accident Claims Tribunal / District Judge, Udham Singh Nagar vide Award dated 18-02-2005 passed in M. A. C. P. No. 118 of 2003.

(2.) THE claimants, who are unfortu nate mother, sisters and brother of de ceased Afzal @ Guddu, claimed com pensation of Rs. 15,00,000/- for his death in the motor accident on 08-04-2003 when his motorcycle was dashed by the offending vehicle Truck bearing registration No. DL1-LE-5123 resulting in multiple serious injuries to Afzal @ Guddu, who succumbed to those inju ries on the spot itself. THE claimants pleaded that deceased Afzal @ Guddu used to earn Rs. 4. 000/- per month as Supervisor in M/s Balaji Brick Works, Thakurdwara.

(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Afzal @ Guddu died on account of the injuries sustained by him in the motor accident on 08-04-2003; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle Truck; and the insurer of the offending vehicle Truck was liable to pay compensation to the claimants.