SMT. SANJIDA AND OTHERS Vs. SARFUDDIN AND OTHERS

JUDGEMENT

(1.) The appellants-claimants have filed the present appeal for modification of award dated 28.01.2015 passed by the Motor Accident Claims Tribunal, Mewat (hereinafter called as 'the Tribunal') on the ground that adequate compensation has not been granted and the same is on the lesser side.

(2.) Briefly, the facts of the case are that on 27.02.2014, the complainant along with deceased-Aslam was going to Ferozepur Jhirka in a TATA Magic bearing registration No. RJ-02TA-1527 for some personal work. At about 6.30 pm, the offending vehicle i.e., Tractor bearing registration No. HR-28D-2942 came from front side, which was being driven in a rash and negligent manner and got struck with the TATA Magic, due to which, TATA Magic turned down and the deceased-Aslam received serious and multiple injuries on head and became unconscious. Thereafter, the complainant took him to Government Hospital, Mandikhera but the injured was referred to Trauma Centre, Delhi due to serious head injury. The deceased remained admitted in the hospital upto 02.03.2014 and ultimately he died during treatment at Jai Parkash Narayan Apex Trauma Centre, New Delhi. Post mortem of the dead body was conducted by the doctors of AIIMS, Delhi on 03.03.2014 and accordingly, FIR was registered by the Police regarding accident.

(3.) The appellants-claimants filed claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the MV Act') seeking compensation of Rs.30 lacs on account of death of Aslam, which was contested by the respondents. The claim petition was allowed vide award dated 28.01.2015 and the appellants were granted compensation to the tune of Rs.9,17,400.00 along with interest @ 7.5 % per annum from the date of filing of claim petition till its realization, which was to be paid by the respondents jointly and severally.