SEEMA DEVI Vs. JYOTI GUPTA AND ORS.

JUDGEMENT

(1.) Heard Sri Amit Kumar Sinha, learned counsel for the appellant, Sri Pawan Kumar Mishra, holding brief of Sri Sri Pranjal Mehrotra for respondent no. 2. None has appeared on behalf of the respondent no. 1.

(2.) This appeal has been filed by the appellant claimant against the judgement and order dated 10.7.2012 passed by the Motor Accident Claim Tribunal / Special Judge (S.C./S.T.) Act, Allahabad (in short the 'tribunal') in M.A.C.P. No. 659 of 2011 questioning the correctness of the amount of compensation awarded by the tribunal for the death of Shyam Babu Goshwami in an accident.

(3.) The brief facts of the case are that on 12.7.2011 at about 2.30 a.m., deceased Shyam Babu Goshwami, husband of the claimant appellant, who was the driver of Truck No. U.P. 70 B.T. 0291, after parking his truck in village Mankahari Naya Gate railway gate, P.S. Rampur Baghelna, District Satana, Madhya Pradesh was resting under his truck when a Truck No. U.P. 78 B.T. 1960 (hereinafter referred to as 'offending vehicle') which was being driven rashly and negligently by its driver collided with the deceased's truck from behind as a result the deceased was crushed under the wheals of the truck and sustained serious injuries. He was taken to the M.P. Birla Hospital where he died during treatment; at the time of his death the deceased Shyam Babu Goshwami was aged about 28 years and was earning a sum of Rs. 7000/- per month as salary while working as driver of truck No. U.P. 70 B.T. 0291, the deceased had left behind his wife Smt. Seema Devi aged about 25 years, daughters Ku. Poonam aged about 6 years, Ku. Neha aged about 5 years and sons Vikas Goshwami aged about 4 years and Suraj Goshwami aged about 2 years. Swami Nath aged about 54 years and Smt. Munni Devi aged about 52 years parents of the deceased who were dependents upon him.