DURGA PRASAD AND ANOTHER Vs. SMT. REETA MISHRA AND ANOTHER
LAWS(ALL)-2013-5-384
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on May 29,2013

Durga Prasad And Another Appellant
VERSUS
Reeta Mishra Respondents

JUDGEMENT

- (1.) The present appeal has been filed by the appellants-claimants under Section 173 of Motor Vehicle Act, 1988, against the impugned judgment and award dated 03.11.2011, passed by the Motor Accident Claim Tribunal, Faizabad in Claim Case No.101 of 2011, where the total compensation of Rs.50,000/- along with interest @ 6% p.a. was awarded. The present appeal is for the enhancement of the compensation.
(2.) The brief facts of the case are that the deceased was just three years old child. On 11.03.2011, the child was going along with his mother for taking a bath near Devi Kali Mandir, Faizabad. The driver of the vehicle i.e. Mahindra Jylo was driven it rashly and negligently and hit the child. The child, namely, Sri Priyanshu, died on the spot. The vehicle was not carrying any registration number plot i.e. the vehicle was without the number plate. When the motor of the child Smt. Rajlali cried then the crowd was gathered and caught the vehicle. The driver, Sri Ashish Misra ran away from the spot. Necessary FIR was lodged in the Kotwali, Faizabad. The claimants-respondents has filed the claim petition before the Tribunal, who vide his impugned order awarded a sum of Rs.50,000/- along with interest @ 6% p.a. Not being satisfied, the appellants-claimants has filed the present appeal.
(3.) With this background, Sri K.V. Yadav, learned counsel for the appellants submits that the child was three years old and he was having a bright future. However, to this effect, he has not supported by any case law.;


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