JAI NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this appeal, the appellants seek enhancement of the amount of compensation awarded to them by the Motor Accident Claims Tribunal in MACT Case No. 285/1985 on account of the death of Smt. Shanti Devi in a motor vehicular accident.

(2.) Before adverting to the facts necessary for the decision of the present appeal, it deserves to be noted that the records of the Motor Accident Claims Tribunal which were requisitioned by this Court, were stated to be missing from the record room of this Court as well as from the record room of the Trial Court. Learned Counsel for both the parties thereupon agreed that the case may be disposed of without the records and on the basis of the facts recorded by the Claims Tribunal in the award rendered by it.

(3.) On 14.9.1985 one Smt. Shanti Devi (hereinafter referred to as "the deceased") was travelling with a co-passenger in bus bearing No. HYR-3509, which fell in a ditch near Gopalpur village and turned turtle. While the co-passenger of Smt. Shanti Devi suffered injuries, Smt. Shanti Devi died in the accident. A claim petition was preferred by the appellant-legal heirs of the deceased being her husband and three sons, wherein it was stated that the deceased was 43 years of age and was doing agricultural work, wherefrom she was earning Rs. 700 per month. Compensation in the sum of Rs. 3 lacs was claimed by the appellants against the driver of the offending bus and its owners viz., the State of Haryana and the Haryana Roadways.