BHAGWATI BAI Vs. BABLU

JUDGEMENT

(1.) This is a reference made by the Division Bench of this Court to the Full Bench in a motor accident claims appeal.

(2.) The background facts in which the reference has been made, are that prior to the accident, Pancham Singh was a driver working in the Madhya Pradesh State Road Transport Corporation On 29-9-1998 Pancham Singh while going towards his house in the noon, was hit bay a Bajaj M-80 two wheeler bearing MP 7-Y, 4003 driven by the respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3. Pancham Singh filed ,a, claim case under Section 166 of the Motor Vehicles Act, 1988, on 1-4-1999 before the 1st Additional Motor Accident Claims Tribunal, Gwalior, which was subsequently numbered as Claim Case No. 33/2002, alleging mat as a result of rash and negligent driving of the said two wheeler by the respondent No. 1, he suffered fracture in the knee of the right foot and wrist of the left hand and he was admitted in the hospital and had to undergo treatment. In the claim petition, Pancham Singh claimed compensation of Rs. 6,50,000/- as per details herein below :

(3.) During the pendency of the claim petition, Pancham Singh died on 29-5-1999 and the present appellants, namely the wife and the son of Pancham Singh, were substituted in place of Pacham Singh in the said claim case. Finally, the Tribunal made an award of only Rs. 10,000/- in favour of the claimants on 14-8-2003. Aggrieved by the said award, the appellants have filed this appeal for enhancement.