RASHEEDABI Vs. SAKHARAM

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the parties were heard on the last date.

(2.) This appeal is by the original claimants in a claim petition filed under Section 110-A of the Motor Vehicles Act, 1939. The appellants-claimants claimed the compensation in respect of the death of one Sayed Ibrahim in a motor accident occurred on 26.11.1983. The deceased was the husband of the first appellant. The second to fourth appellants are the children of the deceased. The allegation of the appellants was that the accident occurred as a result of rash and negligent driving of the Truck involved in the accident by the second respondent. The Truck was owned by the first respondent. The third respondent was the insurer of the vehicle involved in the accident. The Tribunal awarded a compensation of Rs.40,000/-. The Tribunal directed the third respondent to pay the compensation with interest @ 4% p.a. from the date of filing of the petition till the deposit of the entire amount. The Tribunal further awarded interest @ 15% p.a. on the principal amount, if the compensation was not deposited within a period of 10 weeks from the date of the award.

(3.) The submission of the learned counsel appearing for the appellants is that the compensation awarded by the Tribunal is on the lower side. He invited my attention to the evidence of the witnesses examined by the appellants and in particular the evidence of the first appellant as regards the income of the deceased. He submitted that the claim for compensation made by the appellants in the sum of Rs.1,00,000/- was reasonable and proper. He submitted that the interest awarded @ 4% p.a. is on the lower side. The learned counsel appearing for the first to third respondents supported the impugned judgment and award by pointing out that no interference was called for, as the appellants did not adduce any evidence to prove the income of the deceased.