RAKESH SHARMA,J. - (1.) HEARD Sri A.K. Mehrotra, learned counsel for the appellants and Sri A.K. Misra, learned counsel for the respondent.
(2.) IN the present case, a bereived father, represented by his legal heirs, old mother and unmarried Sister had laid a claim before the Motor Accident Claims Tribunal, Kanpur Nagar (in Short MACT) seeking compensation for the death of a youngman, Mahesh Chandra Sahu, who was 23 years' old at the time of his death in a road accident on 19.3.1990. The MACT had assesed the worth of the death of a youngman, aged about 23 years less than Rs. One Lakh and as such had allowed compensation of Rs.77,000/- only to the claimants. Aggrieved the claimants, whose only bread earner, had been lost in an road accident, have approached thisCourt seeking enhancement of the amount of compenseation. They have placed before the Court a latest judgment of the Hon'ble Apex Court in the case of Sarla Verma (Smt) and others Vs. Delhi Tranport Corporation and another, (2009) 6 SCC 121. As per Sri A.K. Mehrotra, learned counsel for the appellant, appellants' case derives strength from various observations and parameters laid down in the said judgment of the Hon'ble Apex Court. He has read some findings of the Hon'ble Apex Court and the observations made in the said judgment while arguing his case.
(3.) IT emerges from the record that a Truck having registration number DIL 2615, owned by the respondent no.1, had knocked down the Motorcycle driven by the deceased, Mahesh Chandra Sahu at G.T. Road in the City of Kanpur. The Truck was being driven rashly, carelessly and negligently. 12 issues were framed by the MACT covering the subject matter in dispute. On the basis of the documentary and oral evidence, it was found that the Truck No. DIL 2615 was being driven rashly and negligently. It had hit the Motorcycle driver, i.e., the deceased, Mahesh Chandra Sahu, who died on the spot. The Tribunal had assessed the compensation, applying the relevant principles.;