SANGEETA Vs. SANJAY KUMAR

JUDGEMENT

(1.) This appeal is directed against the award dated 12.12.1997 passed by the Additional Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 57 of 1995 for enhancement of the amount of compensation.

(2.) An accident took place on 13.6.1995 with the truck, bearing No. MBJ 8633 wherein Mahendra Kumar Sahu, aged 32 years, died. The deceased was driving his Hero Honda motor cycle No. MOJ 9102 and was going from Chhindwara to Pach-marhi. The appellant No. 1 Sangeeta is the widow of deceased, appellant No. 2 Aman Kumar is the son of the deceased and the appellant No. 3 Nekwati is the mother of the deceased. The appellants filed a claim petition before the Tribunal claiming a sum of Rs. 10,00,000 as compensation.

(3.) Deceased Mahendra Kumar Sahu was a retail foodgrain dealer with small capital and was maintaining the appellants-claimants. No evidence was produced by the appellants regarding the income of the deceased and the Tribunal acted on a guesswork assessing monthly income of the deceased at Rs. 2,000 (annual income at Rs. 24,000). Out of the amount assessed as income of the deceased, half was taken by the Tribunal to have been spent by the deceased on himself. This finding was recorded by the Tribunal looking to the business of the deceased. Rest half of the income was held by the Tribunal to have been spent by the deceased in maintaining the family members, i.e., the claimants.