NISHADEVI & ORS Vs. VIJAY SINGH & ORS

JUDGEMENT

(1.) Assailing the award dated 09.09.2010 passed by Second Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 51/2009 on the point of inadequacy of the compensation, this appeal has been preferred by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988.

(2.) Precisely stated facts of the case are that on 6.3.2009 at 6.30 pm, deceased Shivnath Singh was going to GICT College, Gwalior for performing his duty as security guard. As soon as deceased went near Shivpuri-Link Road, the driver of the Truck bearing registration No. MP07/G-1393 while driving the offending vehicle rashly and negligently dashed the motorcycle of the deceased, who was going by his side, due to which deceased along with his motorcycle stuck beneath the truck and he succumbed to the injuries on the place of occurrence. The case was registered by Police Station Kampoo, Gwalior at Crime No. 89/2009. The claimants, who are, wife, daughters and son of the deceased, filed a claim case before the Claims Tribunal claiming compensation of Rs.31,90,000/- with interest.

(3.) The Claims Tribunal after analyzing and appreciating the evidence available on record has found that the appellants are not entitled to any compensation and has dismissed the claim petition. Feeling aggrieved thereby, this appeal has been preferred by the appellants/claimants.