SITA BATHAM Vs. ROOPNARAYAN DWIVEDI

JUDGEMENT

(1.) Appellants have preferred this appeal being aggrieved by the award passed by the 1st Member Motor Accident Claims Tribunal, Gwalior, in Claim Case No.127/2009 on 12/7/2010 by which their claim application was partly allowed and Insurance Company was ordered to pay by way of compensation a sum of Rs.3,96,000.00.

(2.) In brief facts of the case are that on the fateful day i.e. 29/8/2009 husband of appellant No.1 -Brijraj Batham along with his nephew was coming on foot to his house from Lahar Chauraha. At about 9 pm when they reached Jamna Wale Hanumanji, one Indica Car bearing registration No.HR 17-6510 which was being driven rashly and negligently came and dashed deceased Brijraj due to which he got serious injuries. He was brought to CHC and thereafter to Jayarogya Hospital, Gwalior. During treatment, on the same day he died.

(3.) Thereafter at police Station, Dehat, Distt. Bhind Crime No.368/2009 was registered. At the time of accident, deceased was aged about 36 year and was doing work in Ara machine and was getting Rs.500.00 per day. From the aforesaid income, he used to maintain the appellants who were his family members. Due to his death, they became hand to mouth. They preferred claim application before the learned Claims Tribunal and vide impugned award aforesaid compensation has been given in their favour. Being dissatisfied with the award, this appeal has been filed by the claimants.