RAHI BAI NARAWAY Vs. SANTOSH KUMAR ALIAS PRAKASH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Durg (for short, 'the Tribunal') vide award dated 19.12.2003, passed in Claim Case No. 117/2002.

(2.) AS against the compensation of Rs. 23,15,000/- claimed by the Appellants/claimants, unfortunate widow, minor children and mother of deceased Chandulal by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 28.05.2002, the Tribunal awarded a total sum of Rs. 1,78,000/- as compensation along with interest @ 9% per annum, in the event of the insurer's failure to pay the amount of compensation to the claimants within one month of the passing of the award.

(3.) SHRI Raj Awasthi, learned Counsel for Respondent No. 3/New India insurance Company Limited, on the other hand, supported the sward and contended that as the claimants could not establish the income of the deceased as pleaded by them, the compensation of Rs. 1,78,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.