SHRI BHAGWAN Vs. A.M. BHASKAR

JUDGEMENT

(1.) This appeal has been filed seeking enhancement of compensation awarded to the claimants vide award dated 04.12.2008, passed by learned Motor Accidents Claims Tribunal, Hisar (hereinafter referred to as 'the Tribunal).

(2.) Appellants-claimants filed a petition under Section 166 of the Motor Vehicles Act, seeking compensation on account of death of Bimla Devi. The claimants are the husband and children of the deceased.

(3.) Learned Tribunal on considering the evidence on record concluded that Bimla Devi died due to the injuries received by her in the motor vehicle accident, which took place on 22.09.2005, due to the rash and negligent driving of the offending MTC bus bearing registration No. TN-01- N-3325 by its driver A.M.Bhaskar-respondent no.1. The deceased Bimla Devi was claimed to be a 62 years old housewife, who was looking after the family and her home. The accident in question took place in the State of Tamil Nadu. Bimla Devi, who was sitting behind the driver seat at the time of accident was thrown out of the window of the bus. She was taken to Apollo Hospital, Chennai, where she remained admitted but was ultimately flown to Delhi from where she was brought to Hisar and admitted in Jindal Hospital. She remained under 'comma' due to injuries received on her head and ultimately died on 15.12.2005 in the hospital.