UMA DEVI Vs. SANTGOPAL SHARMA

JUDGEMENT

(1.) The appeal under Sec. 173 (1) of the Motor Vehicle Act, 1988 is preferred by the claimants for enhancement of compensation, being aggrieved by award dtd. 27/1/2010 passed by the Fourth Additional Motor Accident Claims Tribunal, District Morena in Claim Case No.162/2008, whereby, the Claims Tribunal has awarded a sum of Rs.4,99,500.00 in all towards compensation for the death of deceased Dhruvsingh alias Banti Sikarwar to the appellants/claimants. Appellant No. 1 is wife of deceased, appellants No. 2 and 3 are children of deceased and appellant No. 4 is father of deceased. However, liability for payment of amount of compensation was fixed over the respondents jointly and severally.

(2.) Precisely stated facts of the case are that deceased- Dhruvsingh alias Banti Sikarwar being 29 years old hale and hearty, industrious and responsible youngster was the husband of appellant/claimant No.1 Uma Devi, father of the appellant No.2 and 3 and son of appellant No. 4 who was running a hotel and was earning Rs.7,500.00 per month. All the appellants/claimants are his legal heirs who were completely dependent upon him.

(3.) On the fateful day i.e. 8/5/2008, Dhruvsingh was driving the motorcycle and Pradeep Singh was a pillion rider on the motorcycle were going towards New Housing Board Colony from Berial Chauraha by their side in a normal speed. As soon as the said vehicle came the house of Mr. Radhacharan Sharma, Advocate at Morena, all of a sudden, respondent No.2 drove his vehicle Tata Sumo Victa bearing Registration No. H.R.37/B-3893 from the side of Berial Chauraha rashly and negligently and dashed against the said motorcycle, on account of which, Dhruv Singh alias Banti and Pradeep sustained grievous injury on different parts of the body. Both were taken to the hospital at Morena wherefrom deceased was referred to J.A. Hospital Gwalior and from where his family members took him to Sahara Hospital, Gwalior for better treatment and during treatment he scummed to the injuries on 18/5/2008.