MAHILA RAMKALI Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) FEELING aggrieved by the award of the Motor Accident Claims Tribunal, Morena (hereinafter referred to as the Tribunal) whereunder an amount of Rs. 3,36,000/- had been determined to be payable as compensation in the proceedings initiated for the award of compensation under Section 166 of the Motor Vehicles act, 1988 alongwith an interest at the rate of 12% per annum from the date of presentation of the claim till the realisation of the amount awarded as compensation, they have now come up in appeal seeking redress praying for the enhancement of the amount of compensation.

(2.) WE have heard the learned Counsel for the appellants as well as the learned Counsels representing the contesting respondents, and have carefully perused the record.

(3.) THE Tribunal after taking into consideration the evidence and the materials brought on record came to the conclusion that the pending motor vehicle was being driven rashly and negligently and had caused the accident resulting in the death of Om Prakash as well as Mukesh. No negligence was found on the part of the deceased. Om Prakash who was driving the scooter. The findings of the Tribunal on this question involved in issue No. 1(ka) and l(kha) which where returned in favour of the claimants had already been affirmed by this Court in its decision in the case of Murarilal and Anr. v. Raghuraj Singh and Ors. M.A. No. 185/96 filed by the legal representatives of the deceased Mukesh, the pillion rider which had been disposed of vide the judgment/order of the Division Bench dated 23.1.1999.