LAWS(ALL)-2018-2-730

SMT. SUMAN Vs. HIMANSHU

Decided On February 20, 2018
Smt. Suman Appellant
V/S
Himanshu Respondents

JUDGEMENT

(1.) Heard Sri R.K. Porwal, learned counsel for the appellants and Mohd. A. Zulfikar on behalf of respondent no.1, Smt. Pushpa Singh for respondent no.3 and Sri Pranjal Mehrotra for respondent no. 4.

(2.) The present first appeal from order has been preferred by the appellants/claimants challenging the judgment and award dated 29.10.2012 passed by MACT/IV-th ADJ, Etawah in MAC No. 456 of 2010 (Suman and other Vs. Himanshu and others). In claim petition No. 456 of 2010, the appellants claimed Rs. 8,50,000.00 as compensation and the Tribunal has awarded Rs. 60,000.00 as compensation along with 6% simple interest from the date of filing of claim petition. The appellants/claimants have filed this appeal for enhancement of compensation.

(3.) The brief facts of the case are that while the deceased Dharmendra was going on 30.04.2010 at 06.30 p.m. from Mehengaon, District Bhind, M.P. to Mehtauli by motorcycle bearing registration No. UP75K-3572 which was driven by one Manjesh Kumar and when they reached near Aam Road, P.S Mahangav at Village Soni, a motorcycle bearing registration No. UP71-8263 collided with the motorcyle of deceased Dharmendra from behind due to rash and negligent driving of its driver and sustained serious injuries and as a result of the injuries received by the deceased in the aforesaid accident, he died on the spot. In regard to the incident, an FIR was lodged at PS Mehengaon, District Bhind, M.P.