RAJA BETI Vs. ASHOK KUMAR

JUDGEMENT

(1.) Heard Sri Ashok Kumar Singh and Sri Amit Kumar Sinha, learned counsel for the appellants and Sri N.K. Srivastava, learned counsel for the respondent no. 5 and perused the record. No one is present on behalf of other respondents.

(2.) This first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dtd. 8/8/2005, passed by Ist Additional District Judge / Motor Accident Claims Tribunal, Chitrakoot, in M.A.C.P. No. 163/70 of 2000 (Raja Beti and others vs. Ashok Kumar and others) by which compensation of Rs.65,000.00 only has been awarded to the claimants on account of death of Sri Bachcha Lal, aged about 42 years.

(3.) It is submitted by learned counsel for the claimants-appellants that the deceased was working as Lekhpal in Tehsil Karvi, District Chitrokoot at the time of accident and was getting salary of Rs.7,000.00 per month. The Claims Tribunal had acted in arbitrary manner has awarded only Rs.65,000.00 on the ground that after the death of Bachcha Lal, the claimant appellant no. 1 who is widow of Bachcha Lal was getting family pension @ Rs.3,500.00 per month and was also provided employment under the Dying in Harness Rules and was also getting salary to the tune of Rs.4,000.00 per month. The Claims Tribunal was of the view that since the widow was getting family pension as well as employment under the Dying in Harness Rules and receiving Rs.7,500.00 per month and there is no financial loss to the family of the deceased on account of death of Baccha Lal. The Claims Tribunal had awarded Rs.50,000.00 for loss of consortium, Rs.5,000.00 for funeral expenses and Rs.10,000.00 for pain and suffering and total amount of Rs.65,000.00 has been awarded to the claimants.