MAMTA DEVI Vs. RAJU SINGH RATHORE

JUDGEMENT

(1.) With consent, heard finally.

(2.) This is an appeal filed by the claimants under Sec. 173 (1) of the Motor Vehicles Act against the award dtd. 31/10/2012 passed by 5th Additional Motor Accident Claims Tribunal, Gwalior in Claim case No. 117/2010.

(3.) By impugned award, the Claims Tribunal has awarded a total sum of Rs.4,41,500.00 with interest to the claimants for the death of one Mahesh Singh, aged 39 years who died in motor vehicle accident on 05/09/2010. According to claimants (wife, two sons, father, mother and grand mother of deceased), the compensation awarded is on lower side and hence, needs to be enhanced. It is for the enhancement in the compensation awarded by the Tribunal, the claimants have filed this appeal. So the question that arises for consideration is whether any case for enhancement in compensation awarded by the Tribunal on facts/ evidence adduced is made out in the compensation awarded and if so to what extent ? Precisely stated facts of the case are that on 05/09/2010, deceased Mahesh Singh Tomar who was driver of the truck and had gone to Orrisa, on the way, he parked his truck on the road side at Harianta Chauk and he was standing near his truck. At that time, driver of the offending truck bearing Registration No. MP06-HC-0305 came driving his truck in rash and negligent manner and dashed the truck of the deceased, due to which, deceased sustained grievous hurts and succumbed to the same on the spot and one Ramniwas sustained grievous injuries. Claimants therefore, filed claim case before the Claims Tribunal.