RAMABHI Vs. BISAHU RAM CHAUHAN

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal'), vide award dated 02.05.2003, passed in Claim Case No. 77/2002.

(2.) THE claimants, unfortunate widow and minor children of deceased Rajendra Dewangan claimed compensation of Rs. 14,75,000/- by filing claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 24.03.2000, when the truck bearing registration No.MP26 B 3435 in which he was working as a porter met with an accident and over turned due to rash and negligent driving of its driver resulting in the instantaneous death of Rajendra 1 Dewangan at the spot itself. The claimants further pleaded that deceased Rajendra Dewangan was aged about 35 years and used to earn Rs.4,500/- per month as porter and weaver.

(3.) THE claimants examined AW-1 Ramabai and AW-2 Shiv Kumar Shrivas and AW-3 Premlal Dewangan in support of their claim whereas the owner of the truck examined NAW-1 Bhupendra Singh, in rebuttal.