ANIL SON OF PARMANAND DUBEY Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Both these appeals arise out of a common Judgment dated 28th January, 2006 passed by the learned Member, Motor Accidents Claims Tribunal, Akola, in Motor Accident Claim Petition Nos. 302 of 2004 and 303 of 2004. Both the Claim Petitions were filed for the deaths of Pushpalata and Minakshi, who died in the accident.

(2.) That, on 9th November, 2003 in the night, Minakshi daughter of Parmanand Dubey, aged about 20 years and Pushpalata wife of Parmanand Dubey were travelling in the auto-rickshaw bearing Registration No. MH-30-E-9372. When the auto-rickshaw reached near the petrol Pump of Indian Oil on the National Highway No.6, the offending truck bearing Registration No. MTS-6357 gave a violent dash to the auto-rickshaw. The impact was so severe that the auto-rickshaw was crushed under the truck. Pushpalata and Meenakshi sustained severe injuries and died on the spot. As usual, a report was lodged and the offence was registered against the truck driver. The offending truck was owned by respondent no.2 and insured by respondent no.1 [in these appeals]. The claimants fled Claim Petitions for grant of compensation. The learned Tribunal allowed both the Claim Petitions partly and granted compensation of Rs.2,54,000-00 in respect of the death of Pushpalata and in case of death of Meenakshi, Rs.1,21,000/- along with interest. The appellants have challenged the impugned judgments in both these appeals on the ground of quantum of compensation.

(3.) Heard learned Adv. Shri C. A. Joshi for the appellants in both these appeals. He has submitted that Pushpalata was running a Beautu Parlour and was earning Rs.5,000/- per month. The learned Tribunal did not take into consideration the evidence produced on record and wrongly took her income as Rs.2,000/- per month. The learned counsel has submitted that Meenakshi was doing the work of photography and earning Rs.5,000/- per month. The Tribunal has taken into consideration the income of Rs.1,500/- per month in respect of death of Meenakshi. The learned counsel has submitted that the Tribunal ought to have taken into consideration the income of deceased Pushpalata and Meenakshi at Rs.5,000/- per month each.