VIDYAWATI Vs. INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This is a claimant's appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'), seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal/ 4th Additional District Judge, Shahjahanpur vide judgment and award dtd. 26/3/2002 passed in MACP No. 38 of 1999.

(2.) The claim petition was instituted by the deceased's widow, Smt. Vidyawati with a case that on 31/12/1998 at about 4:30 in the evening hours, Ram Krishna Kushwaha was proceeding on a bicycle from Kanari Bankey after teaching there to the school in Village Thingri, within the local limits of Police Station Alhaganj, District Shahjahanpur. He was a teacher in the primary school at Village Thingri, Tehsil Jalalabad, District Shahjahanpur. He was proceeding on the left hand side of the road. At the fateful moment, a DCM Truck, bearing registration No. DBL-9399, green in colour, approached from the Jalalabad side. It was driven by its driver, Dhain Singh (for short, 'the driver') at a high speed and negligently. The driver proceeded without sounding a horn and struck Ram Krishna's bicycle, crushing it under its wheels. Ram Krishna was thrown off and fell to the ground, sustaining grievous injuries. He died on the spot.

(3.) At the time of his demise, Ram Krishna Singh was aged 55 years. His employment as a teacher with the primary school provided him a monthly income of Rs.6500.00. His exertions in the fields would yield a further income of Rs.4000.00, making it a sum of Rs.10,500.00 per month. The deceased's dependents are his widow, Vidyawati, aged 52 years and two sons, Haripal, aged 29 years and Sripal, aged 27 years. The registered owner of the offending vehicle is one Raj Singh son of Amar Singh, a resident of Shergarhi, P.S. Shastri Nagar, District Meerut (for short, 'the owner'). The offending vehicle was insured with the New India Assurance Company Limited, District Shahjahanpur, which shall hereinafter be called 'the Insurers'. The claim petition was instituted, seeking a total compensation in the sum of Rs.19,50,000.00.