- (1.) Heard finally.
(2.) The instant civil misc. appeal has been filed by the appellant-claimant under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 05/12/2008 passed by the MACT, Dholpur, in claim case No.35/2007, whereby the claim petition filed by the claimant has been partly allowed granting compensation of Rs.2,85,000/- in favour of the claimant.
(3.) The brief facts as emerging on the face of record are that a claim petition came to be filed before the Tribunal wherein it was pleaded that one Suresh, who was a vegetable vendor and aged about 22 years, while carrying vegetables in handcart for selling in Mandi, on the way to Dholpur nearing Reliance Petrol Pump at GT Road, met with an accident by offending vehicle Bolero Jeep bearing No.HR-16/E-6981, resulting in sustaining grievous injuries and ultimate death on the spot itself. It was alleged that driver of the vehicle, by driving the vehicle in rash and negligent manner, hit the handcart as a result of which Suresh sustained severe injuries on head, nose and other parts of the body and the entire vegetable handcart (Thela) was destroyed. The accident took place at about 4.30 am in the morning of 29/12/2006 when he was crossing his handcart (Thela) at GT Road resulting in death of Suresh on the spot while the other person namely Ravi, who was accompanying Suresh, also sustained severe injuries. An FIR to this effect bearing No.405/2006 came to be lodged by one Pappu against the owner and driver of the vehicle u/s 279, 337, 338 and 304 IPC wherein, after investigation, the police filed challan before the concerned court.;