AMBIKA PRASAD Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated April 9, 1997 passed by the Motor Accidents Claims Tribunal, Shahdol in Claim Case No. 32/94.

(2.) SHORTLY stated, truck No MP 20C/0612 driven rashly and negligently, hit as many as 8 buffaloes on the road. As a result of this accident, five buffaloes died. First information report records involvement of eight buffaloes, but the claim pertains to five buffaloes, therefore, compensation of Rs. 12,64, 000/ has been claimed.

(3.) SHRI Ashok Lalwani, learned counsel appearing for the appellant, forcefully submitted that the compensation is not only payable for the buffaloes but also for the loss of milk on which the claimant and his family were depending. Shri B.D. Jain, learned counsel appearing for the respondents, has opposed this submission and it is submitted that the Claims Tribunal has assessed the compensation quite justly and properly, therefore, enhancement of compensation is not proper.