SAVITA BAI Vs. GOVIND DHIMAR

JUDGEMENT

(1.) This is claimant's appeal seeking enhancement of compensation awarded by the 1st Additional Member, Motor Accidents Claims Tribunal, Kanker (for short 'the Tribunal') in Claim case No. 90/2002 vide award dated 30.06.2003. As against compensation of Rs. 4,69,000/- claimed by the unfortunate widow and minor son of deceased - Shankar Lal Baghel by filing claim application under Section 166 of the Motor Vehicles Act, 1988 for his death in the motor accident on 09.06.2002, the Tribunal awarded a total sum of Rs. 1,85,800/- as compensation along with interest.

(2.) The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of Truck/Tipper bearing registration No. M.P. 18/6331 by its driver - Govind Dhimar, i.e. respondent No. 1 herein; Shankar Lal Baghel died on account of injuries sustained by him in the said accident; respondent No. 3/the New India Insurance Company Limited liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded the aforesaid sum as compensation.

(3.) Smt. Renu Kochar, learned counsel appearing for the appellants, would submit: the deceased was aged about 30 years at the time of accident, and therefore, the Tribunal has fallen in error in applying the multiplier of 12 in place of 17. It was further contended, the amount of compensation of Rs. 13,000/- awarded by the Tribunal on other heads is also somewhat on lower side.