LATA BAI Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Balod, District Drug (for short "the Tribunal") vide, award dated 20.09.2001, passed in Claim Case No. 15/2000.

(2.) THE claimants, unfortunate widow and minor daughters of deceased Taturam Sinha Claimed compensation of Rs. 26,40,800/- by filing a claim petition under Section 166 of the Motor Vehicles Act (for short "the Act"), for his death in the motor accident on 25.12.1999 when his bicycle was dashed by the offending vehicle-Bus, bearing registration No. MBY-0747, resulting in his instantaneous death on the sport itself. THE claimants further pleaded that deceased Taturam Sinha was aged about 32 years and used to earn Rs. 300-400 per day by running a hotel.

(3.) SHRI Hemant Solapurkar, learned Counsel for the Appellants submitted that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs. 1,000/- per month only; in selecting the lower multiplier of 12; and in awarding the low compensation of Rs. 1,08,400/- only. SHRI Sanjay K. Agrawal and SHRI Sourabh Sharma, learned Counsel for Respondent No. 3 - The National Insurance Company Limited, on the other hand, supported the impugned award and submitted that as the claimants could not establish the income of the deceased as was pleaded by them, the compensation of Rs. 1,08,400/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. The findings recorded by the Tribunal that deceased Taturam Sinha died on account of the injuries sustained by him in the motor accident on 25-12-1999; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - Bus; and the insurer of the offending vehicle - Bus was liable to pay compensation to the claimants, have now attained finality as the Respondents have not filed any appeal against the award. That apart, there is overwhelming evidence available on record to establish the above facts beyond any shadow of doubt. We, therefore, affirm the above findings recorded by the Tribunal.