MANGILAL Vs. HUKUMCHAND

JUDGEMENT

(1.) The appellants have filed this Misc. Appeal under Sec. 173(1) of Motor Vehicles Act, 1988 being aggrieved by the award dtd. 18/9/2012 passed by the Additional Member, Motor Accident Claims Tribunal, Garoth, Link Court, Bhanpura, District Mandsaur (M.P.) in Claim Case No.03/2011, challenging quantum of compensation.

(2.) The issue regarding the death caused by the accident and the consequential liability of the Insurance Company is not under dispute.

(3.) The short facts of the case are that on 7/6/2010 at around 9:15 P.M., the deceased Sonam along with some other persons had gone to a Temple located on Garoth-Burhanpura Road. While they were returning to their home in Bhanpura, a mini truck having registration number MP-13- GA-0964 came from the direction of Garoth. The driver was driving the vehicle in a rash and negligent manner on the wrong side of the road, he struck the group of pedestrians as a result of which all of them sustained grievous injuries. Sonam succumbed to the injuries and died in the accident.