VISHNU DEVI RATHORE Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants for enhancement of the amount of award/compensation rendered by the Motor Accident Claims Tribunal/Additional District Judge, Lucknow on 30.04.2010 in Claim Petition No.214 of 2006;Smt.Vishuna Devi and others Versus Vinay Kumar Agarwal and others.

(2.) The claimant/appellant no.2 Shri Jodhey Lal Rathore was coming back from Rajghat to his house on his Motor Cycle No.UP-34-E-8882 on 15.12.2005. While he was coming back near village Meura, Police Station Bilgram, the Mini Bus No.UP-30A-6144, which was being driven rashly and negligently by its driver came from the opposite side and dashed the Motorcycle. In the incident Km.Meera Devi Rathore was seriously injured. She died on the spot. The First Information Report of the incident was lodged by the appellant at the Police Station. Km. Meera Devi was a student of Class-VIII. On account of untimely death of the daughter, the claimants who are the father and mother of the deceased filed the claim petition No.214 of 2006 before the Motor Accident Claims Tribunal claiming compensation to the tune of Rs.13 lakhs.

(3.) On exchange of pleadings and on the basis of the pleadings five issues were framed. During trial the appellant no.2 was examined as P.W.1. On behalf of respondents, respondent no.2 the owner of the vehicle Vinay Kumar Agarwal was examined as D.W.1. After considering the pleadings of the parties and the evidence the claim petition was allowed and an amount of Rs.90,000/- has been awarded as compensation, which is to be paid by the respondent no.1 i.e. National Insurance Company Limited.