USHA MATHUR Vs. PREM SHANKER

JUDGEMENT

(1.) The instant appeal is directed against the judgment cum award dated 4.7.2006 passed by the learned Additional Sessions Judge (Fast Track) No. 6 (Motor Accident Claims Tribunal), Udaipur in MAC No. 717/2005(149/2004) seeking enhancement in the amount of compensation awarded by the learned Tribunal to the appellants, the legal representatives of Lalit Kumar, who met with an unfortunate untimely death in a vehicular accident.

(2.) Facts in brief are that on 23.4.2003 at about 6 O' Clock in the morning, the victim Lalit Kumar whilst going on his Hero Puck Moped bearing registration No. RJ19.6M.7698 was mowed down by a bus bearing registration No. RJ27.P.4901 being driven by its driver rashly and negligently and on the wrong side of the road. Lalit Kumar received severe injuries in the accident and was hospitalised. Ultimately, he passed away on 10.5.2003. A claim application was filed by the appellants claimants the legal heirs of the deceased before the Tribunal. Nobody put in appearance on behalf of the owner cum driver of the offending bus despite service of summons. The insurer of the bus i.e. United India Insurance Co. Ltd. filed a reply to the claim petition and took the usual defences.

(3.) The learned Tribunal framed the following issues for consideration: