MAHILA PHOOLWATI Vs. GOPAL

JUDGEMENT

(1.) THE appellants have preferred this appeal, under Section 173 of the Motor Vehicles Act, for short the 'Act', for enhancement of the Award passed by the Motor Accident Claims Tribunal, Morena in a Claim Case No. 88/1994, decided on 21st of August, 1995.

(2.) IT is not in dispute that the accident had occurred on 8.10.1994 at 8 O'clock (morning), at Agra-Bombay Road, while the deceased Amarlal was going on the road and when he reached near Modern Bread Factory, at that time, a Metador bearing Registration No. CIG 4907, driven by the respondent No. 2 Gabbarsingh rashly and negligently came and hit Amarlal as a result of which, he sustained grievous injuries; he was admitted in the hospital immediately where he died during treatment, due to injuries sustained in accident. It is further not in dispute that the aforesaid offending vehicle is owned by respondent No. 1-Gopal and insured with respondent No. 3-Insurance Company.

(3.) THE claimants/appellants alongwith claim application filed all those documents.