BHANURAM SAHU Vs. BHUNESHWAR

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth "the Act, 1988") against the award dated 31-8-2006 passed by the First Additional Motor Accident Claims Tribunal, Baloda Bazar, Raipur (henceforth 'the Tribunal'), whereby an award of Rs. 1,54,000/- has been passed in favour of the appellants. Feeling aggrieved appellants have preferred this appeal for enhancement of the compensation amount.

(2.) JITENDRA (since deceased) was working as conductor in minibus bearing registration No.CG-04/ZA/0615. On 21 -6-2005 when the offending vehicle was going towards Raipur on the way near Holi Dabri the vehicle turned turtle, Jitendra received injuries and succumbed to that. Appellants are father and mother of the deceased; claiming themselves to be the legal representatives of the deceased filed an application under Section 166 of the Act, 1988 claiming Rs. 15,90,000/- towards the compensation against the Driver, vehicle owner and the insurer. Respondent No. 1 did not file his written statement, whereas other respondents contested the claim.

(3.) LEARNED counsel for the appellants contended that deceased Jitendra was working as conductor and towards salary he was receiving Rs.5,000/- per month, but learned Tribunal did not accept his monthly income and erred thereby.