ANJANABAI MAHENDRAKUMAR KARNKAR Vs. JASBIRSING HARBHAJANSING PANJABI

JUDGEMENT

(1.) Original claimants, who are dissatisfied by the quantum of compensation awarded by learned Motor Accident Claims Tribunal and Ad-hoc District Judge-1, Shahada in M.A.C.P. No. 299 of 2012 on account of demise of their son Mayur in road traffic accident, have preferred instant appeal.

(2.) Facts giving rise to the instant claim petition are that, on 24/9/2012 at about 00.30 a.m, deceased Mayur was travelling on his motorcycle bearing No. MH-39-D-4086 from Taloda to Kukarmunda. One Tata 407 vehicle bearing No. MH-10-K-8893, which was being driven in rash and negligent manner, gave a dash to Mayur, who died on the spot. Crime was registered at Taloda Police Station against the driver of the TATA 407 vehicle. Parents of deceased set up a claim by invoking Sec. 166 of Motor Vehicles Act seeking compensation from respondent no.1 owner of the offending vehicle and its insurer.

(3.) Learned counsel for appellants would point out that, the deceased, a young man, was son of the appellants and was moreover a bachelor. That, he met with a road traffic accident. According to him, at the time of accident, deceased was working as a peon in Modern English School and Junior College and received salary to the tune of Rs.11,568.00. He pointed out that, this has been substantiated by examining witness of the college apart from placing on record salary register as well as service book at Exhs.32 and 33. He emphasized that, the said employee was of permanent in nature. He further submitted that, apart from above service, deceased was also rendering electrical work by working as electrician as he had undergone necessary training in that field. He used to earn additional income of Rs.4,000.00 per month from the said occupation. However, according to learned counsel, entitlement of compensation under this additional work, has not been taken into account by learned tribunal.