ABIDA KHATOON Vs. MAHESH CHANDRA AND O]THERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By way of the instant appeal, the appellant has prayed for enhancement of the compensation amount awarded by the Tribunal vide its award dated 13.08.2004 in M.A.C.P. No.181 of 2001, Smt. Abida Khantoon vs. Mahesh Chandra and others, whereby overall compensation amount Rs.52,000/- under various heads along with 6% interest was required to be realized from the opposite party no.2- United Insurance Company Ltd.

(3.) Brief and relevant facts giving rise to this appeal are that the concerned accident took place on 7.6.1995 by rash and negligent driving of Truck No.DIG 2088 by its driver by colliding the truck from behind with the trolley in question (Tractor No. UGN- 3046), due to which, the father of the appellant- Inamul Huq- sustained injuries and died. The accident took place around 3.30 P.M. in front of village- Piprakala, Police Station- Munderwa, district Basti, where report was lodged at case crime no.108 of 1995 and charge- sheet no.59 of 1995 was filed against the offending truck driver, who made his escape good after causing the accident.