PREMLATA Vs. RASUL KHAN

JUDGEMENT

(1.) THIS is claimants' appeal filed under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (henceforth "the Tribunal") vide award dated 25th April, 2005 passed in Claim Case No. 169/2004.

(2.) THE claimants, unfortunate widow and minor children of deceased-Komal Singh claimed compensation of Rs. 21,50,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth "the Act") for his death in the motor accident on 13-1-2004 when his vehicle was dashed by the offending vehicle-truck bearing registration No. CG 05 ZC 0193 resulting in his instantaneous death on the spot. THE claimants further pleaded that the deceased-Komal Singh used to earn Rs. 4,000/- per month by working as Manager in Maa Karma Borewells.

(3.) THE claimants examined Bhisham Kumar (A.W. 1), Premlata (A. W. 2) and Nammulal (A.W. 3), in support of their claim, whereas the owner, driver and insurer of the truck did not examine any witness in rebuttal.