- (1.) Shiv Murat (the deceased), son of Sahdev, was standing on roadside near Partawal Crossing, Maharajganj on 15th May, 1993. At about 20:15 hours, he was hit by Mini Bus No. UP-53A/1460 (the Mini Bus). In this accident, the deceased received fatal injuries. The mother of the deceased (the appellant) filed MACP No. 49/ 1993 for compensation. The Tribunal framed the following issues:
(2.) The appellant examined herself as PW 1, Abdul Raheem as PW 2 and Awadh Kishore as PW 3. Out of these three witnesses, PW 2 and 3 are said to be eye-witnesses of the incident. The claimant also filed documentary evidence showing that driver of the Mini Bus was charge sheeted for causing the accident. No witness was examined on behalf of the respondent.
(3.) The Tribunal found that as the deceased was a deaf and dumb, as such, he was not able to hear the horn of the Mini Bus and the accident was caused due to his negligence. Accordingly, the claim petition was dismissed under Section 166 of the Motor Vehicles Act, 1988 (the Act), however, Rs. . 25,000/- alongwith 12% interest from the date of the award was decreed under Section 140 of the Act. Hence, the present appeal for enhancement. POINTS FOR DETERMINATION;