NEEMABAI Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of the award.

(2.) THE appellant's husband late Gulli Kachchi on the fateful day i.e. 23-1-1981 was returning from Jabalpur on a bicycle to his village Baren when a truck bearing registration No. MPQ 6963 came from behind and dashed him with the result he sustained grievous injuries on his person and died instantly. The truck belonged to the respondents No. 2 and No. 3, and it was driven rashly and negligently by Respondent No. 1, Arun Kumar.

(3.) THE truck owners and the driver including the insurance company dented the claim of the appellant and submitted that the truck in question was not being driven rashly and negligently. All other averments relating to income etc. have been denied. However, the learned Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal) awarded a sum of Rs. 6,800/- against this appeal for enhancement of the award is filed.