PHOOLWATI Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS is claimant's appeal filed under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded by the Motor Accident Claim Tribunal, Ranker (henceforth "the Tribunal"), vide award dated 2nd March, 2001 passed in Claim Case No. 40/99. The claimants, unfortunate children of deceased-Sukhdeo claimed compensation of Rs. 7,72,000/- 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 07.07.1999 when his bicycle was dashed by the Roadways' bus bearing registration No. MP-23/0134 resulting in his death on the spot itself. The claimants further pleaded that deceased - Sukhdeo was aged about 35 years and used to earn Rs. 72,460/- per annum from agriculture and by working as a labourer.

(2.) THE owner and insurer of the bus contested the claim and denied their liability to pay compensation to the claimants. THE owner took the plea that driver of the bus was not responsible for the accident and as the bus was insured on the date of the accident, the liability to pay compensation to the claimants, if any, would be that of the Insurance Company. THE insurer of the bus on the other hand pleaded that the deceased himself was responsible for the accident and the bus was being plied in breach of the policy conditions. THE claimants examined AW/1 - Phoolwati Bai & AW/2 - Dhaniram in support of their claim, whereas the owner and insurer of the bus did not examine any witness in rebuttal.

(3.) SHRI Vishnu Koshta & SHRI NP Koshta, learned Counsel for the Appellants submitted that the Tribunal has erred in assessing the income of the deceased at Rs. 40/- per day and Rs. 1,200/- per month only; in selecting the lower multiplier of 15; in deducting a sum of Rs. 18,0007- on account of the lump sum payment of the compensation; and in awarding low compensation of Rs. 1,35,000/- only. SHRI Gautam Khetrapal, learned Counsel for the Insurance Company on the other hand supported the award and submitted that the compensation of Rs. 1,35,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. As the Respondents have not filed any appeal against the award, the findings recorded by the Tribunal that deceased-Sukhdeo died on account of the injuries sustained by him in the motor accident on 07.07.1999; the accident occurred due to rash and negligent driving of the driver of the offending vehicle - bus; and the insurer of the bus was liable to pay compensation to the claimants; have now attained finality. That apart, these findings are not under challenge before us in this appeal. We, therefore, affirm the above findings recorded by the Tribunal.