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2022 Supreme(All) 36

Jiuti Devi – Appellant
Versus
Manoj Kumar Rai – Respondent


Advocates Appeared:
For The Appellant : Shrawan Kumar Ojha, Hemant Kumar
For The Respondent: Pranjal Mehrotra

JUDGMENT :

J.J. Munir, J.

1. This is an Appeal by the claimants, seeking enhancement of the award made by the Motor Accidents Claims Tribunal/ District Judge, Ballia in M.A.C.P. No.21 of 2015.

2. The appellants, who shall hereinafter be referred to as 'the claimants', are the widow and the three sons of the late Hira Lal, who died in a motor accident on 24.01.2015. The Tribunal has thought that looking to the age of Hira Lal and his station in life, that serve as the index of his income, the claimants are entitled to a compensation of Rs.1 lakh alone. The claimants feel that the compensation awarded is atrociously low and have, therefore, appealed the Tribunal's award through the present Appeal under Section 173 of the Motor Vehicles Act, 1988[for short, 'the Act'].

3. The facts giving rise to the Appeal, in some detail, are these:

    On 24.01.2015, Hira Lal had left home for some kind of a pathological test along with a relative. He was buying at the greengrocer’s, who had put up shop by the roadside at Nagra Road, Ballia. A truck, bearing registration No. UP-61J-7671, driven rashly

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