GULABKALI Vs. REGISTERED OWNER HANSRAJ BHAI PATEL

JUDGEMENT

(1.) THIS is claimants' appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act") for enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal, Ambikapur (for short 'the Tribunal') vide award dated 7.5.1999 passed in Motor Accident Claim Case No.43/93.

(2.) THE claimants, unfortunate widow and minor children of deceased Mohanlal Patel claimed compensation of Rs. 13,10,000/- by filing a claim petition under Section 166 of the Act for his death in the motor accident on 24.3.1990, when his motorcycle was dashed by the offending vehicle truck bearing registration number MBL-7172 resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Mohanlal Patel used to earn Rs.2,000/- per month from South Eastern Coalfields Limited (for short 'SECL') and also used to get Rs. 1,000/- per month on account of over time.

(3.) THE claimants examined AW-1 Gulabkali, AW-2 Surendra Lal Jaiswal and AW-3 Ashok Kumar Agarwal in support of their claim, whereas, the insurer of the offending vehicle did not examine any witness in rebuttal.