MAHSEEN AND ANOTHER Vs. BABU AND OTHERS

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as 'Act, 1988') has been filed by claimants seeking modification of Judgment dated 19.4.2012 and award dated 3.5.2012 passed by Special Judge (SC/ST Act)/Motor Accident Claims Tribunal, Gautam Buddha Nagar (hereinafter referred as 'Tribunal') in M.A.C.P. No. 191 of 2010 (Mahseen and another Vs. Babu and others) whereby the Tribunal has awarded a sum of Rs.2,08000/- along with 7% interest from the date of filing of claim petition till the date of payment. The claimants have prayed for enhancement of compensation to Rs.68,20,000/-.

(2.) Claimant-Appellants filed M.A.C.P. No. 191 of 2010 (Mahseen and another Vs. Babu and others) impleading Babu Bus Driver, Sudher Awana, Bus Owner, and Insurance Company namely ICICI Lombard General Insurance Company Ltd.

(3.) According to claimant-appellants on 10.6.2010 at around 6.35 p.m. Mahseen (since deceased) was going on a three wheeler bearing no. DL-1RH-0140 from Sector 24, Noida to Anand Vihar Railway Station. As three wheeler reached in front of office of Sahara Company Sector 10, Noida, Bus No.DL-1PB-0005, which was being driven by the Driver Babu in a rash and negligent manner, collided with three wheeler resulting in serious injuries being sustained by Ameen and his brother-in-law Sabir. Ameen was admitted to Government Hospital, Sector 39, where he ultimately died.