ASHA Vs. NARESH KUMAR

JUDGEMENT

(1.) In this appeal under Sec. 173 of the Motor Vehicles Act, 1988, the appellants are wife, minor daughter and parents of Late Ramavatar @ Ramgopal, a victim of motor vehicle accident. The appellants had brought MAC Case No.134/2011 before the Motor Accident Claims Tribunal, Bharatpur. By the impugned judgment and award dtd. 6/4/2012, the learned Tribunal awarded Rs.3,21,600.00 against claim of Rs.80,35,000.00. The appellants are not satisfied with the calculation and quantum of compensation decided.

(2.) The case and claim of the appellants is that on 22/11/2009 the deceased was going on his Motor Cycle bearing Registration No.RJ-05-SB-4065. At about 5:30 PM, when he reached near Village Udera, Police Station Fatehpur Sikri, a rash and negligent motor cycle bearing Registration No. RJ-05-5M-4022 came from ahead, dashed and caused death of Ramgopal, during treatment.

(3.) The respondent-Naresh Kumar appeared before the Tribunal and contested the claim stating that his vehicle was never involved in the accident as claimed by the claimants, moreover, even if, it is assumed that his vehicle was involved, the liability goes to respondent No.3-IFFCO Tokio General Insurance Company Ltd. with whom the vehicle was insured.