RAKHI SHARMA Vs. ASHOK SANI

JUDGEMENT

(1.) This appeal has been filed by the appellants under Section 173 of the Motor Vehicles Act, 1988 against an award dated 22nd July, 2003, passed by the learned 8th Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 17/2002 for enhancement of compensation.

(2.) On 14th October, 2001, deceased Rakesh Sharma alongwith Guddu Bhadoria @ Jitendra Singh and Bunty have been going on a Yamaha made Motor Bike bearing registration No. M.P.-10-5588 from Gwalior to Agra. As per the claimants the aforesaid motor bike was dashed by the Maruti Car bearing registration No. DBC 1529. In the aforesaid accident deceased Rakesh Sharma died. Guddu Bhadoria @ Jitendra Singh received severe injuries. Report of the accident was lodged-at the Police Station, Sarayachola an offence vide Crime No. 98/2001 under Sections 279 and 337 of I.P.C. was registered against the offending vehicle. Claimants who are wife, daughter, son and mother filed claim application before the Claims Tribunal claiming total compensation of Rs. 8,25,000/-. Learned Claims Tribunal has held that the accident occurred due to rash and negligent driving by the deceased Rakesh Sharma himself. On the basis of the aforesaid findings Claims Tribunal dismissed the claim petition filed by the claimants.

(3.) Learned Counsel for the claimants/appellants has submitted that the findings recorded by the Claims Tribunal that the accident occurred due to rash and- negligent driving of the deceased Rakesh Sharma are perverse and accident occurred due to rash and negligent driving of the driver of Maruti Car bearing registration No. DBC 1529, hence, application filed by the claimants is liable to be allowed. Contrary to this learned Counsel for the Insurance Company has submitted that after considering the evidence on record of the case and law the Claims Tribunal has awarded a proper compensation. Hence, appeal is liable to dismissed.