G.S.AHLUWALIA,J. - (1.)This Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been filed for enhancement of compensation against the award dated 27/4/2016 passed by the Seventh Motor Accident Claims Tribunal, Gwalior in claim case No.133/2015, whereby the respondents have been directed to pay Rs.9,06,000/- to the appellants jointly or severally.
(2.)The necessary facts for disposal of the present appeal in short are that on 28/3/2014 the deceased was coming on a motorcycle alongwith pillion rider, namely, Mohan Shejvar. The deceased was driving the vehicle cautiously. At about 7:15 PM, the offending dumper bearing registration No.UP 93 E-9510 dashed against the motorcycle, as a result of which, the deceased Kamal, who was driving the vehicle died, whereas Mohan Shejvar, who was pillion rider, suffered serious injuries.
(3.)The claimants filed claim petition for grant of compensation. The Tribunal by award dated 27/4/2016 passed in claim case No.133/2015 awarded Rs.9,06,000/-, out of which an amount of Rs.1,00,000/- has been directed to be paid to appellant no.5, whereas an amount of Rs.3,00,000/- has been directed to be paid to appellant no.1 and the remaining amount was directed to be distributed in equal share amongst the appellants no.2, 3 and 4. Half of the amount payable to the appellants was directed to be kept in FDR for a period of three years.