MAHESWARI AND OTHERS Vs. SAUKHILAL AND OTHERS

JUDGEMENT

(1.) The appellants/ claimants have filed this appeal for enhancement of compensation awarded in Claim Case No. 47/2003 by III Additional Motor Accident Claims Tribunal (FTC) (for short, "the Tribunal" Surajpur, District Surguja, vide award dated 31-8-2004.

(2.) The appellants/claimants, unfortunate children and mother of deceased - Revtiraman Rajware filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 38,88,000/- for his death in motor accident which took place on 2-7- 2003, when the motor-cycle bearing registration No. CG-15/6088 which the deceased was driving, was dashed by the offending Mini Truck bearing registration No. M. P. 18- H/0287 on account of rash and negligent driving of the said truck by its driver. The appellants contended that deceased was working as a Teacher under Education Guarantee Scheme and was earning Rs. 1,000/- per month. They further contended that he was also earning Rs. 10,000/- per month by agricultural work. The Insurance Company denied the contentions of the appellants and pleaded that the accident occurred on account of driving of the motor cycle by the deceased in drunken condition, therefore, the Insurance Company was not liable to pay compensation to the appellants.

(3.) The Tribunal, on a close scrutiny of the evidence led before it, held that it was a case of contributory negligence and the deceased also contributed in the accident to the extent of 30%. The Tribunal further held that the deceased was earning Rs. 1,000/- per month as Teacher under Education Guarantee Scheme and his agricultural income was Rs. 500/- per month. Thus, the deceased was earning Rs. 1,500/- per month and Rs. 18,000/- per annum.