SAJNA BAI Vs. ARUN KUMAR SAHU ALIAS GUDDU

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by Ninth Additional Motor Accidents Claims Tribunal, Durg (for short "the Tribunal") vide award dated 27-12-2004, passed in Claim Case No. 238/2004.

(2.) THE appellants/claimants, unfortunate widow, children and mother of deceased Manohar Giri, claimed compensation of Rs. 15,00,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 20-4-2003.

(3.) SHRI Dasarath Gupta, learned Counsel for respondent No. 3 the New India Insurance Company Limited on the other hand, supported the award and contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs. 1,37,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.