Rakesh Tiwari, J. - (1.) Heard learned counsel for the appellant and perused the impugned award.
(2.) The appellants challenge the validity and correctness of the judgment and order dated 28.2.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court no.3, Jhansi in MACP No. 489 of 2010, Smt. Rajani v. Mahesh Kumar Dixit and others , whereby the claim petition of the appellant was dismissed.
(3.) Briefly stated the facts giving rise to the instant appeal are that Ashok Kushwaha was the driver of Dumper No. UP-78 BN/4926 and was going on the dumper to Kanpur.On 15.8.2010 at about 12.00 hours when the dumper reached within the limit of P.S. Kotwali Moth, near Semari village Truck No. UP-78,BN-1241 driven rashly and negligently by its driver collided with the said dumper in which Ashok and Ram Swaroop received grievous injuries. Both the injured were taken to the Medical College, Jhansi where they died on account of the injuries sustained in the accident. An FIR of the accident was lodged by Brijesh Kumar son of Shiv Ram Pal at P.S. Kotwali Moth, District Jhansi and a case crime no. 553/2010, under Sections 279,337,338 and 304A IPC was registered against the driver of Truck no. UP-78, BN-1241. The claimants filed Claim Petition No. 489 of 2010 for a sum of Rs.18,66,000/- as compensation stating that the deceased was aged about 26 years at the time of accident and was earning Rs. 9,000/- per month.;