- (1.) THIS First Appeal from Order is preferred by claimants for enhancement of compensation against award dated 04.09.1997 passed by Motor Accident Claims Tribunal / II Additional District Judge in MACP No. 55 of 1991 awarding Rs.25000/ - as compensation along with interest @ 12%.
(2.) A motor accident, involving a government vehicle, bearing Registration no.USW 7514, took place on 12.08.1990, in which the deceased Farukh is alleged to have sustained serious injuries, to which he succumbed on 09.11.1990 at District Hospital Hardoi. The claimants being the dependants of the deceased filed a claim petition before the Tribunal claiming Rs.9,00,000/ - as compensation on account of death of the deceased.
(3.) THE Claims Tribunal after considering the evidence on record, including the admission of the respondents (owners) of the Claim Petition in the written statement, wherein they admitted the factum of the accident and the involvement of the offending vehicle, held that the death of the deceased was occasioned on account of anti -mortem injuries sustained by him in the aforesaid accident. A description of the anti -mortem injuries is given hereunder: - "1. Dealing septio wound 22 X 14 on x bone deep on left forearm mid line aspect 4 on above the wrist joint, pus present. 2. Septio wound 10 X 4 on x bone deep present on dersum aspect of forearm 6 on above the wrist joint. Dot radius and ulna bone fractured." The medical officer (Dr. P.K. Gangwar of District Hospital Hardoi), who conducted the post mortem of the deceased stated that the cause of death of the deceased was septicemia and toxemia as a result of aforesaid anti -mortem injuries on the left forearm of the deceased. The Tribunal after recording a finding of negligence on the part of the driver of the offending vehicle no. US W 7514 granted a sum of Rs.25000/ - to the claimants/appellants along with interest @ 12% from the date, the claim petition was filed.;