MOHAMMAD SALEEM Vs. RAJESH MUNJAL & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred by the claimant/appellant for enhancement of compensation awarded to him by the M.A.C.T./District Judge/Additional District Judge/Special Judge, S.C./S.T. (P.A.) Act, District- Fatehpur, by judgement and award dated 14.03.2011 passed in Motor Accident Claim Petition No. 297 of 2007 for the death of Smt. Shailjan, wife of claimant/appellant, aged about 25 years, who was expecting a child at the time of the accident which had taken place on 05.10.2009 at about 12:10 a.m. in the night while the claimant/appellant and his pregnant wife were sleeping in verandah in their house when a truck bearing registration no. R.J.-07/G-A-1103 which was being rashly and negligently driven by its driver, going from the side of Bakewar towards Jahanabad, hit a Tempo bearing registration no. U.P. 71-A-9608, and subsequently collided against the verandah of the house of claimant/appellant, crushing his wife Smt. Shailjan and causing serious injuries to her who died on the spot as a result of the injuries so sustained by her.

(3.) The Tribunal by its judgement and award dated 14.02011 allowed the claim petition in part against respondent nos. 1, 2 and 3 and directed the respondent no. 2 to pay a sum of Rs. 2,57,000/- as compensation to the claimant/appellant. The Tribunal by the impugned judgement and award calculated the compensation in the following manner :-