SMT. VIMLA Vs. MUSTAQ KHAN AND OTHERS

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and award dated 17th January, 2008, whereby the Motor Accident Claims Tribunal (Additional District Judge, Fast Track, No.4), Ajmer, decreed an amount of Rs.1,88,400/- in favour of the appellant and against the respondents. Dissatisfied with the impugned award, the appellant has beseeched to enhanced the quantum of compensation keeping in view her old age.

(2.) Adumbrated in brief, the facts of the case are that on 21st June, 2005, the deceased Gyan Chand was travelling in a bus bearing Registration No. RJ-06-P-562. It is alleged that the driver Mushtaq Khan of the Bus was driving the vehicle at National Highway No.8 very rashly and negligently and at such a high speed that the bus capsized and Gyan Chand sitting inside the bus died on the spot. After the death of Gyan Chand, the sole dependent, her mother Smt. Vimla Devi wife of late Shri Sohan lal filed a claim petition and the Judge, Motor Accident Claims Tribunal after conclusion of trial of the claim petition, decreed the aforesaid amount in her favour, hence, the appeal of enhancement.

(3.) Ms. Chitra Goyal Advocate appears for the respondent no.3 National Insurance Company Ltd.