NASRIN Vs. GOVINDRAM

JUDGEMENT

(1.) This appeal is directed by the claimants against the award dated 31.7.98 passed by Motor Accidents Claims Tribunal, Jaora, District Ratlam in Claim Case No. 46 of 1993.

(2.) The case of the appellants is that on 6.5.1993 the deceased Rafik Khan, the husband of appellant No. 1 and father of appellant No. 2 went to the bus stand for going to Khachrod. He climbed the roof of the bus No. CPU 222 belonging to respondent No. 2 and insured with respondent No. 3 for keeping his luggage. Before he could get down from the roof of the bus, the respondent No. 1 drove the bus, as a result of which Rafik Khan fell down from the roof and sustained serious injuries and died in the way while being taken to hospital. He was aged about 20 years and was earning Rs. 30,000 per year. The appellant widow of the deceased for herself and on behalf of her minor son Ali Hussain alias Gudda alias Tofik Khan as guardian, filed the Claim Case No. 46 of 1993 seeking compensation amount of Rs. 11,40,000. The mother, sisters of the deceased and father Munne Khan for himself and for Ali Hussain alias Tofik Khan alias Gudda, the son of the deceased, as guardian filed Claim Case No. 49 of 1993 seeking compensation of Rs. 9,39,000. The respondents resisted the claim made by the appellants. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the bus No. CPU 222 by respondent No. 1 Govindram and awarded compensation of Rs. 96,000. However, it dismissed the Claim Case No. 49 of 1993.

(3.) Mr. Sanjay Patwa, learned counsel for the appellants, submitted that amount of compensation awarded by the learned Tribunal is inadequate and it should be enhanced. On the other hand, Mr. Dandwate, learned counsel for the respondent insurance company supported the impugned award.