KALJEET KAUR Vs. SATISH CHANDRA JOSHI

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) has been preferred against the judgment and award, dated 06 -11 -2003, passed by Motor Accident Claims' Tribunal/Addl. District Judge, Haldwani (Nainital) (in short the Tribunal) in" Claim Petition No. 226 of 2002, whereby compensation of 3,44,5001 - along with interest @ 6% per annum. Aggrieved, the claimants have come up in appeal for enhancement of compensation amount mainly on the ground that the income of the deceased was not properly considered by the Tribunal.

(2.) TARSEM Singh, aged 37 years, was allegedly, earning Rs. 8,000/ - per month., He sustained grievous injuries in a motor vehicle accident, on 12 -10 -2002 at about 12 noon, at Rampur Road, Haldwani (Nainital). According to the claimants, on the fateful day, Tarsem Singh, the deceased, was waiting for vehicle on the side of the road. A maruti car No. UP 25 K -9255, being driven rashly and negligently by its driver hit the deceased. He was immediately brought to Krishna Nursing Home Haldwani with the help of villagers. Report of accident was lodged by Chandan Singh with the police. On 11 -11 -2002, the deceased succumbed to his injuries. Hence, the claim. petition was filed by his dependents/legal heirs for compensation of Rs. 11,60,000/ - along with interest.

(3.) THE owner of the vehicle filed his written statement. He admitted the accident and ownership of the vehicle. It was asserted that the accident took place due to sudden mechanical failure of the vehicle, which hit the deceased, who then was repairing his scooter over the pucca road and was himself responsible for the accident. He further pleaded that the vehicle was duly insured for the period 1.12002 to 31.12.2002 with New India Assurance Co. and that the amount of compensation claimed was excessive.