HIGH COURT OF UTTARAKHAND AT NAINITAL (Court’s order whether the case is or not approved for reporting) Description of the case A.O. NO. 224 OF 2006 Rajendra Prakash alias Rajanram and another Vs. National Insurance Co. Ltd. and another Approved for reporting. Date of Decision :- 10.01.2008. Initial of Judge: ……………. ,,,,,,,,,,,,,,,,,,,,,,,,,, ……………….. HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. NO. 224 of 2006 1. Rajendra Prakash alias Rajanram S/o Sri Umed Ram Resident of village – Sunderkhal Post Office – Dhikuli Tehsil and Thana – Ramnagar Distt. Nainital 2. Smt. Hema Devi W/o Shri Rajendra Prakesh Resident of village – Sunderkhal Post office – Dhikuli Tehsil and Thana – Ramnagar Distt. Nainital .......Claimants – Appellants Vs. 1. National Insurance Company Limited through Divisional Manager Canal Road, Tikonia Haldwani, District Nainital 2. Nanda Ballabh Joshi S/o Sri Keshav Dutt Joshi Resident of Dorby Colony Lakhanpur, Ramnagar Distt. Nainital (Vehicle No. U.A. 04-B/4187) …..Plaintiff-Respondents 10.1.2008 Hon’ble Rajesh Tandon, J. Heard Shri D.S. Manral, counsel for the appellants and Shri D.S. Patni, counsel for the respondent no. 1. 2. This is claimant’s appeal for enhancement of amount of compensation awarded by the claims tribunal. 3. By the present appeal filed under Section 173 of the Motor Vehicles Act, the appellants have prayed for enhancement of amount of compensation awarded by the claims tribunal vide judgment and award dated 9.1.2005 in M.A.C. P. No. 191 of 2005. 4. Briefly stated, a motor accident claim petition being M.A.C.P. no. 191 of 2005 was filed for compensation of Rs. 5,00,000/- on account of the death of Arjun in a motor accident. According to the claimants, on 14.10.2005 at about 12.45 p.m. at Ramnagar-Ranikhet Motor Marg near village Sunderkhal, when Arjun (hereinafter referred to as ‘the deceased’) was standing beside the road, Bus No. U.A. 04 B/4187 which was coming towards Ramnagar rashly and negligently crushed the deceased as a result of which the deceased died on the spot. It has been stated that the claimants have suffered mental agony due to the sudden death of their son. The claimants have, therefore, claimed a sum of Rs. 5,00,000/- towards compensation. 5. A written statement has been filed by the owner of the vehicle in question, namely, Nandaballabh. It has been submitted that the driver was driving the vehicle cautiously