RAMESHWARI AND ORS. Vs. SURESH YADAV AND ORS.

JUDGEMENT

(1.) This is the appellants/claimants appeal under Section 173 of the Motor Vehicles Act (for short 'the Act') seeking enhancement of the award. By way of the instant appeal, the claimants had sought for the modification of the order dated 26.3.2002 passed by the Additional Motor Accidents Tribunal, Bilaspur (for short 'the Tribunal') in Claims Case No.18/01.

(2.) The facts in nutshell are that the deceased who is the husband of appellant No.1 and father of appellants No.2 to 4 and the son of appellant No.5 met with an accident on 8.2.2001. The accident arose when the deceased Gouri Shankar along with his friend, was going on a bicycle which hit with a truck bearing registration No.MP 26 D 2993 loaded with coal being driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3.

(3.) It is the claim of the appellants/claimants that at the time of the accident, deceased Gouri Shankar Shyam was working as an Asstt. Teacher under the State Government and was working at a Primary School, Janakpur and his monthly salary at that time of accident was Rs.7,261/-. On account of the death of the deceased Gouri Shankar Shyam, the claimants i.e. the widowed wife, widowed mother and 3 minor children of the deceased had filed a claim application under Section 166 of the Act seeking compensation on account of the death of their sole bread earner of the family in the said accident that took place on 8.2.2001.