KUMARI BAI YADAV Vs. PRATAP SINGH

JUDGEMENT

(1.) THIS is claimants appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 2nd December, 2006 passed in Claim Case No. 64/2006.

(2.) AS against the compensation of Rs.11,00,000/- claimed by the appellants/claimants, unfortunate widow, son and mother of deceased Jethuram Yadav, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the death in the motor accident on 23rd November, 2005, the Tribunal awarded a total sum of Rs.2,75,000/- as compensation along with interest @ 6% per annum for the date of filing of the claim petition till the date of actual payment. The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Jethuram Yadav died on account of the injuries sustained by him in the motor accident on 23rd November, 2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck as the offending vehicle truck on the date of the accident was insured with the National Insurance Company Limited, the Insurance Company was liable to pay compensation to the claimants.

(3.) TRUE, the claimants pleaded that deceased Jethuram Yadav used to earn Rs.4,500/- per month by working as Grinder-Man, but the evidence led in that behalf was not clinching nature. We therefore, do not find any fault in the approach of the Tribunal is discarding the claimants evidence about the income of the deceased.