JAGDISH KUMARI Vs. OM PRAKASH

JUDGEMENT

(1.) Heard, Shri Satendra Nath Rai, learned counsel for the appellants and Shri Saurabh Chandra, learned counsel for the respondent no.4.

(2.) The instant appeal has been filed against the judgment and award dated 20.03.2012 passed in Motor Accident Claim Petition No.15 of 2010 (Smt. Jagdish Kumari and Others Vs. Om Prakash and Others). The learned Tribunal has allowed Rs.1,00,750/- alongwith interest @ 7% per annum simple interest. It has further provided that the claimant no.1- Smt. Jagdish Kumari W/o the deceased is entitled for 40% and claimants No.2 and 3; sons of the deceased are entitled for 30% each.

(3.) The facts in brief for adjudication of the present appeal are that the deceased Asha Ram alongwith his son Rajesh Kumar, the appellant no.2 had gone to Hargaon Sugar Mill on 04.12.2009 with his tractor trolley No.-U.P. 31 K-8218 loading cane on it. He parked the trolley loaded with cane in the lane and was taking rest under the trolley. At about 10:00 AM in the night, the tractor No.-U.P. 34 F-2246 in which the cane was loaded wrongly and the cane was out of trolley, smashed the trolley of the deceased Asha Ram from the backside while it was driven rashly and negligently by its driver. In consequence thereof the wheel of the trolley climbed on the deceased in which he suffered serious injuries. The applicant / appellant no.2 took his father Asha Ram to Lakhimpur District Hospital and during treatment he died. The postmortem of the deceased Asha Ram was conducted on 05.12.2009. The trolley was of the respondent no.4 and his cane was loaded in his trolley. With the aforesaid allegations the appellant filed a claim petition before the Motor Accident Claims Tribunal / District Judge, Lakhimpur Kheri under Sections 140 and 166 of the Motor Vehicles Act, 1988 which was registered as Motor Accident Claim Petition No.15 of 2010. The claimant had claimed Rs.50,000/- under Section 140 and Rs.14,24,000/- as compensation alongwith interest @ 12% and the litigation expenses.