KUMARI VINITA Vs. MAHESH SINGH

JUDGEMENT

(1.) This is the claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Hindauncity (Additional District and Sessions Judge No.1, Hindauncity) (for short "the Tribunal") vide award dtd. 19/9/2017 passed in M.A.C. Case No.07/2015.

(2.) Brief facts of the case are that on 12/11/2014 at about 05:00 PM Vijay Singh alongwith his elder brother Gyan Singh, as pillion rider, on Motor Cycle bearing registration No. RJ34-SF-3724, was coming from Padampura to his village Longtipura; a Motor Cycle bearing registration No. RJ34-SF-9412, being driven rash and negligently, hit the Motor Cycle No. RJ34-SF- 3724, resulting in Vijay Singh sustained injuries on his head and pillion rider Gyan Singh sustained injuries on his leg; thereafter Vijay Singh was taken to the Hospital, from where, he was referred to Sawaiman Singh Hospital, Jaipur and on 14/11/2014 during the treatment Vijay Singh died; an FIR was lodged at Police Station Balghat.

(3.) A claim petition to this effect was filed by the claimants for award of compensation. Notices to the claim petition were issued to the respondents, to which, the respondents contested the claim petition by filing reply and denied the averments contained in the claim petition.