VINAY KUMAR SHARMA Vs. MAHESH KUMAR JOSHI

JUDGEMENT

(1.) THIS is a claimant's appeal under section 173 of the Motor Vehicles act seeking enhancement of compensation against the award dated 10. 5. 2000 passed by the Second Motor Accidents Claims tribunal, Gwalior in Claim Case No. 39 of 1993.

(2.) BRIEF facts of the case are that on 21. 6. 1993 appellant was going towards his house on his scooter No. MP 07-6247. Vinay Kumar Sharma was sitting as pillion rider. The moment scooter reached near loco side, one truck No. MPZ 1856 was coming from the opposite side, which was being driven by Mahesh Kumar Joshi, respondent No. 1 rashly and negligently, came on wrong side and dashed the scooter. As a result of this accident the appellant as well as Vinay Kumar Sharma sustained severe injuries. The matter was reported to Police Station, Padav, where crime was registered, the matter was investigated and charge-sheet was filed. Appellant injured also filed claim petition before the Claims tribunal. During trial, Tribunal recorded positive finding in favour of the appellant that he sustained injuries in the accident caused by vehicle No. MPZ 1856.

(3.) IT is submitted by the learned counsel for the appellants that during pendency of this appeal claimant Vinay Kumar Sharma has expired, therefore, in view of this development and looking to the Full Bench decision in case of Bhagwati Bai v. Bablu, 2007 ACJ 682 (MP), now the appellants-claimants are only entitled for loss to estate and, therefore, this appeal will not abate and shall be heard only on the question of loss to estate.