DURGA PRASAD Vs. DINESH KUMAR

JUDGEMENT

(1.) THIS is claimants appeal filed under Section 173 of the Motor Vehicles Act, 1988 (henceforth "the Act") for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Durg (henceforth "the Tribunal"), vide award dated 05.02.1998 passed in Claim Case No. 6/92.

(2.) THE claimants, unfortunate parents and younger brothers of deceased Nand Kishore Agrawal claimed compensation of Rs. 5,45,000/- by filing a claim petition under Section 166 of the Act for his death in the motor accident on 17.10.1990, when his scooter bearing registration No. MIT - 4484 was dashed by the offending Vehicle Metador bearing registration No. MKR -1218, resulting in multiple serious injuries to Nand Kishore Agrawal, who when brought to the hospital was declared dead. THE claimants further pleaded that deceased Nand Kishore Agrawal used to earn Rs. 2,500/- per month from his business.

(3.) THE claimants examined AW/1 - Durga Prasad, AW/2 - Suresh Dewangan, AW/3 - Ashok Kumar and AW/4 - Rajesh in support of their claim, whereas the owner, driver and the insurer of the Metador did not examine any witness in rebuttal.