LAWS(MPH)-2007-3-26

ANITA Vs. DHARMENDRA

Decided On March 06, 2007
ANITA Appellant
V/S
DHARMENDRA Respondents

JUDGEMENT

(1.) THIS is the claimants appeal for enhancement of compensation under section 173 of Motor Vehicles Act, against the award passed by Fourth additional Motor Accidents Claims Tribunal, gwalior in Claim Case No. 84 of 2000 passed on 28. 2. 2001 and awarded compensation of Rs. 1,79,500.

(2.) BRIEFLY stated that on 30. 4. 1996 the deceased Vinod Kumar had gone towards vikkey Factory where he was sitting with kailash, at the same time at about 11 to 11. 30, one Maruti van bearing No. UP 93-B 5975 came from Dabra side, respondent no. 1, Dharmendra was driving the said maruti van, he was driving the same rashly and negligently, he came on the wrong side and did not apply any brakes or blow the horn and hit Vinod Kumar and Kailash, who were sitting on the roadside, both had sustained severe injuries and died on spot. Thereafter, the driver Dharmendra, respondent No. 1 leaving Maruti van on the spot ran away from there. The matter was reported to P. S. Jhanshi Road where crime was registered and matter was investigated. The claimants those who are widow, one son and three daughters including mother and grandmother of the deceased have filed claim petition.

(3.) IN the claim petition it was pleaded on behalf of the claimants that deceased was engaged in the business of selling leather of dead animals and was earning rs. 5,000 per month. Widow, one son, three daughters, mother and grandmother were all dependent on the income of the deceased and have claimed compensation of Rs. 26,71,000.