TRIVENI BAI Vs. UNISHWAR

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claim Tribunal, Mungeli, Distt. Bilaspur (for short, "the Tribunal"), vide award dated 27.02.2003 passed in Claim Case No. 29/2002.

(2.) AS against the compensation of Rs. 22,80,000/-, claimed by the appellants/claimants, unfortunate widow, mother and minor daughters of deceased Minu @ Menu by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 20.06.2002, the Tribunal awarded a total sum of Rs.3,13,000/- as compensation along with interest @ 9% per annum from the date of the filing of the claim petition, till the date of actual payment.

(3.) NOW, we shall examine as to whether the compensation of Rs. 3,13,000/ - awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. True the claimants pleaded that deceased Minu @ Menu used to earn rupees 5-6 thousand per month as truck driver, in addition to sum of Rs.50/- per day as daily allowance, but the evidence led in that behalf was not of clinching nature. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimants' evidence about the income of the deceased. Nevertheless, the income of the deceased assessed by the Tribunal at Rs.2,2507- per month and Rs. 27,000/- per annum is certainly on the lower side and requires re-consideration. In our considered opinion, the income of the deceased ought to have been assessed at Rs. 2,500/- per month and Rs. 30,000/- per annum.