PRAMILA RADHESHYAM AGRAWAL Vs. KALYANSINGH BHOLARAM TOMAR

JUDGEMENT

(1.) By present appeal on the count of inadequacy of compensation granted legal heirs i.e. wife , children and mother of one deceased Radheshyam Agarwal has challenged the award dated 6th November, 1998 passed by Motor Accident Claims Tribunal, Amravati in Claim Petition No. 54 of 1995 preferred by them awarding compensation only to the tune of Rs. 4,36,160/-(inclusive of interim compensation of Rs. 25,000/- on the count of no fault liability) along with interest thereon @ 10 % P.A. from the date of the petition. The said claimants had staked a claim of compensation of Rs. 11,00,000/- before the Tribunal.

(2.) It was case of claimants that deceased at the time of death i.e. on 5-10-1994 was of aged 37 years and was then earning yearly income of Rs. 55,000/-from his business of selling electrical goods and spare parts and so also of construction.

(3.) The deceased on 4-10-1994 while returning to Walegaon from Amravati on Scooter bearing Registration No. MH-27-B-2502 and while being at K.M. Stone No. 8 on Amravati - Walegaon Road at about 11 p.m. had collision with truck bearing Registration No. MH-06-4971 owned by respondent No. 1, insured with respondent No. 3 and then driven by respondent No. 2, in a high speed and in rash and negligent manner coming in the opposite direction. The said truck after the collision had run over the scooter and proceeded further with the deceased and the scooter below the truck. The deceased taken by Police on night duty for treatment to General Hospital at Amravati had succumbed to death on 5-10-1994 at 1.30 a.m.