RAINBATI DHRUV Vs. BANWARI LAL PARDESHI

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 24.12.2005, passed in Claim Case No.36/2005.

(2.) AS against the compensation of Rs.9,00,000/- claimed by the appellant/ claimant unfortunate mother of deceased Deepak Kumar Dhruv by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.01.2005, the Tribunal awarded a total sum of Rs.2,06,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) TRUE, the claimant pleaded that her son Deepak Kumar Dhruv used to earn Rs.3,000/- per month by working as mechanic in Bajrang Auto-workshop, no reliable and clinching evidence was adduced before the Tribunal to establish the above occupation of the deceased and his income to the extent of Rs.3,000/- per month. Neither the owner of the workshop nor any co-worker in the workshop was examined before the Tribunal by the claimant. In this state of evidence, we do not find any fault in the approach of the Tribunal in discarding the claimant's evidence about the income of the deceased and in assessing his income on its own estimate.