PRABHAVATI DEVI Vs. DILIP KUMAR

JUDGEMENT

(1.) THIS is claimants appeal filed under section 173 of Motor vehicles Act, 1988 (henceforth 'the Act')for enhancement of compensation awarded by the Third Additional Motor Accidents claims Tribunal, Durg (henceforth 'the tribunal'), vide the award dated 8. 4. 1996 passed in Claim Case No. 16 of 1994.

(2.) THE claimants, unfortunate widow and children of the deceased R. K. Ram, claimed compensation of Rs. 5,50,700 by filing the claim petition under section 166 of the Act for death in motor accident on 23. 1. 1994 when he was dashed by the offending vehicle Tempo bearing registration no. MP 24-T 0053, resulting in multiple serious injuries to the deceased R. K. Ram, who succumbed to those injuries during the course of his treatment in the hospital on 26. 1. 1994. The claimants further pleaded that the deceased R. K. Ram used to earn rs. 4,900 per month as salary from Bhilai steel Plant and was also getting bonus of rs. 4,040 per year.

(3.) THE owner, driver and the insurer of the offending vehicle Tempo contested the claim and denied their liability to pay compensation to the claimants. The driver of tempo took the plea that the deceased himself was responsible for the accident, whereas the owner pleaded that the liability to pay compensation to the claimants would be that of the insurance company as tempo was insured on the date of accident. The insurer of Tempo pleaded that tempo was being plied in breach of the policy conditions.