- (1.) RAKESH Sharma, J. This case was listed on the daily cause list of 9th April, 2007. The list is being rotated for the last two weeks. The case has come up for hearing today. Considering the facts and circumstances of this case, this Court is of the view that the litigation, which was initiated in the year 1989, claiming enhancement of compensation under the Motor Vehicles Act, must come to a logical end Today after 18 years. The appeal was filed in the year 1997 and remained pending for disposal in this Court for the last 10 years.
(2.) HEARD learned Counsel for the appellants and perused the record. Under challenge is an order passed by Motor Accident Claim Tribunal, Mirzapur dated 22-11-1996 in Motor Accident Claim Petition No. 39 of 1989, Km. Puspa & Ors. v. Nirlep Singh & Ors. . The facts of the case emerging from the record is that deceased Shrimati Shanti Devi wife of Prabhakar Pandey, appellant No. 6, was going on foot on 17-3-1989 on Mirzapur-Pipari road when the Tanker bearing registration No URZ 2060, which was being driven rashly and negligently, hit the woman, as a result of which she was critically injured and when she was being taken to Railway hospital, Chopan, she succumbed to her injuries in the way. A First Information Report was lodged and the family members of the deceased took required legal action.
(3.) A claim petition was filed seeking compensation under the Motor Vehicles Act. Earlier the Tribunal had allowed the claim petition on 1-2-1991 awarding the compensation amounting to Rs. 2 lacs with interest. Since this order was ex parte, a recall of the same was sought and thereafter the Tribunal re- heard the matter, four issues were framed. Finally the learned Tribunal awarded only a sum of Rs. 60,000/- as compensation. As per the learned Counsel for the appellant, the learned Tribunal had illegally and arbitrarily held that the deceased was simply a housewife and no one was dependent on her. The husband of the deceased was in railway service hence the compensation was reduced from Rs. 2 lacs to a paltry sum of Rs. 60,000/- in the latter judgment. According to the appellants, the deceased Shanti devi was aged about 35 years, a young energetic women, who was engaged in rearing cattle, helping in agricultural activities, and earning about Rs. 1,500/- per month by selling milk and other by-products.;