SHRAWAN KUMAR SAHU Vs. RESHAM BAI

JUDGEMENT

(1.) THESE appeals have been filed against the award dated 12-8-1999 passed by the Fifth Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 121/98. M.A. No. 1881/99 has been filed by the Owner of the offending vehicle for setting aside the award against him, whereas M.A. No. 2299/99 has been filed by the claimants for enhancement of the amount of compensation awarded to them.

(2.) RAMGOPAL, aged about 24 years, unmarried son of the claimants, died in the motor accident on 11-8-96 when he was travelling in Jeep No. MP 23-T-0661, which met with an accident in between Kurud and Raipur. His parents filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 17,00,000/-. They pleaded that the deceased was earning Rs. 5,000/- per month.

(3.) SHRI A.S. Singraul, learned Counsel for the claimants, argued that the Tribunal erred in law in awarding low compensation to the claimants, as a lump sum of Rs. 50,000/- has been awarded towards loss of income without making any calculation. He argued that the Tribunal ought to have assessed the dependency of the claimants on the basis of notional income and would have awarded appropriate compensation calculating it on the basis of such income of the deceased.