K RAJESWARI Vs. BHUGAL MAHATA

JUDGEMENT

(1.) Appellants who are the widow, children and parents of Raghupathi (the deceased), who died in a collision between a jeep and a truck, belonging to the second respondent and insured with the third respondent, due to the rash and negligent driving of the first respondent, filed a claim petition seeking compensation of Rs. 4,00,000/- from the respondents and examined two witnesses on their behalf as P.Ws. 1 and 2 and marked Exs. A-1 to A-7. The claim against the 1st respondent was dismissed. Second respondent chose to remain ex parte before the Tribunal and this Court. Third respondent who contested the claim, did not adduce evidence either oral or documentary. The Tribunal having held that the accident occurred due to the rash and negligent driving of the 1st respondent, awarded Rs. 2,23,000/- as compensation to the appellants. Dissatisfied with the compensation awarded to them the claimants preferred this appeal.

(2.) Since this is an appeal by the claimants seeking higher compensation, than that was granted by the Tribunal, the point for consideration is to what compensation are the appellants entitled to?

(3.) The contention of the learned counsel for the appellants is that the Tribunal was in error in taking the contribution of the deceased as Rs. 1,000/- per month only, ignoring the evidence of P.W. 1 that he was earning Rs. 5,000/- per month by plying the jeep on hire. It is his contention that in the facts and circumstances of the case, the contribution of the deceased should at least be taken as Rs.2,000/- per month, and further contends that the compensation awarded towards loss of consortium is meager.