GAURISHANKER DABLE Vs. JAGTARSINGH

JUDGEMENT

(1.) This appeal has been filed by the claimants-appellants against the award dated 28.2.2004 passed in Claim Case No. 116 of 2003 by learned Fourth Motor Accidents Claims Tribunal (Fast Track), Mhow, District Indore.

(2.) On 12.6.2002 Ajay Kumar Dable, son of appellant Nos. 1 and 2, namely, Gaurishanker and Laxmidevi was coming from Sirsaganj in his Fiat car bearing registration No. MP 09-HC 6541. At about 6 p.m. when he reached National Highway 2, District Firozabad (Uttar Pradesh) near village Vahad on the turn of Arav Tiwaria, a truck bearing registration No. DL 1-GB 446 coming from Etawah side dashed the car of deceased Ajay Kumar Dable. Due to the impact, the car of the deceased Ajay Kumar Dable got badly damaged and he sustained severe injuries and succumbed to his injuries on the spot itself. The cause of the accident was the rash and negligent driving of respondent No. 1. The offending vehicle was owned by respondent No. 2 and it was insured with respondent No. 3 at the relevant point of time. Appellants preferred a claim petition before the learned Tribunal, claiming compensation for the loss caused to them due to the death of deceased Ajay Kumar Dable in the said accident.

(3.) The respondents opposed the claim of the claimants-appellants. The learned Claims Tribunal, after framing and trying the issues allowed the claim in part and passed an award of Rs. 10,88,500 in favour of the claimants-appellants against the respondents. Dissatisfied with the quantum of the award, the claimants-appellants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988, for getting the quantum of award enhanced.