URMILA Vs. RASHPAL KAUR

JUDGEMENT

(1.) Leave granted.

(2.) Feeling dissatisfied with the enhancement granted by the Division Bench of the Chhattisgarh High Court in the amount of compensation awarded by Second Additional Motor Accident Claims Tribunal, Jagdalpur (for short, "the Tribunal"), the Appellants have filed this appeal.

(3.) Shri Shivlal Verma (husband of Appellant No. 1, father of Appellant Nos. 2 and 3 and son of Shri Swaminath and Smt. Tulsi Devi) died in an accident, which occurred on 23.4.1999 when he was hit by the truck belonging to Respondent No. 1. The Appellants and the parents of the deceased (both of them died during the pendency of the case before the Tribunal) filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, Rs. the Act) for award of compensation of Rs. 28,45,000/- by asserting that the accident was caused due to rash and negligent driving of the truck by its driver-Shri Ashok Kumar Dass (Respondent No. 2). They claimed that at the time of death, Shri Shivlal Verma was 28 years old and was earning Rs. 60,000/- per annum by doing agriculture.