SHALINI SINGH Vs. COMMANDANT, GROUP CENTER, SPECIAL SECURITY BUREAU
HIGH COURT OF UTTARAKHAND
Smt. Shalini Singh and Anr.
Commandant, Group Center, Special Security Bureau (SSB)
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Rajesh Tandon, J. -
(1.)HEARD Sri Lalit Sharma, counsel for the Appellants and Sri D.S. Patni, counsel for the Respondent No. 3. Present appeal has been filed by the claimants for enhancement of the amount of the compensation.
(2.)BY the present A.O. filed under Section 173 of the Motor Vehicles Act, 1988, Appellant has prayed for enhancement of the award dated 9 -8 -2005 passed by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar in M.A.C.P. No. 208 of 2003 Smt. Shalini Singh and Anr. v. Commandant Special Security Bureau IVth Battalion and Ors. whereby the claimants have been awarded a sum of Rs. 1,53,000/ - towards compensation along with interest 6% per annum.
Briefly stated, a claim petition was filed by the claimants being M.A.C.P. No. 208 of 2003 Smt. Shalini Singh and Anr. v. Commandant Special Security Bureau IVth Battalion and Ors. claiming a sum of Rs. 9,00,000/ - towards compensation.
(3.)ACCORDING to the claimants, on 19 -3 -2003 at about 8.30 p.m. Rishabh Kumar (hereinafter referred to as the deceased) was going to Jaspur from Udham Singh Nagar along with his family by Car No. U.P. 25K 4028, as soon as they reached near Ganeshpur Chaukey, a truck No. H.P. -14 -8356 (hereinafter referred to as the offending vehicle) which was being driven rashly and negligently by its driver dashed the Car of the deceased. In this accident, the deceased and his father died on the spot and other family members received injuries. At the time of the accident, the deceased was 5 1/2 years of age and was a good student.
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