JASODA Vs. MAHESH

JUDGEMENT

(1.) Appellants have filed the present Misc. Appeal challenging the award dtd. 10/8/2010 passed in Claim Case No.16/2010 by Vth Motor Accident Claims Tribunal (Fast Track), Chhatarpur for enhancement of compensation amount. Learned Claims Tribunal has awarded compensation amount of Rs.7,96,144.00 (Rs. Seven lakhs ninth six thousand one hundred forty four) alongwith interest @ 6% per annum from the date of application i.e. 1/1/2009.

(2.) Brief facts of the case are that on 10/11/2008, deceased Laxmichand Anuragi was going from Village Kaithokar to Khajuraho on his motorcycle bearing registration No. MP-16-B- 6408. On Nowgaon-Chhatarpur Road, near Village Mawasi, a Pick-up vehicle bearing registration No. UP-93-T-0946, was being driven rashly and negligently, which hit his motorcycle, due to which he suffered serious injuries. He was taken to District Hospital, Chhatarpur for treatment. During course of treatment, he died. An offence was got registered against the respondent No.1 at Police Station Orchha Road. Thereafter, an application under Sec. 166 of Motor Vehicles Act was preferred by the appellants seeking compensation. Said application was partly allowed and award has been passed by the Claims Tribunal.

(3.) Counsel appearing for the appellants has raised two grounds in this appeal for enhancement of compensation amount :