S TRIVEDI Vs. BABULAL MANJHI

JUDGEMENT

(1.) This appeal is directed against award dated 13.3.1995 of Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 263 of 1990.

(2.) S.K. Trivedi was going on his scooter No. CIW 5860 on 3.1.1990 from Aradhana Nagar to Bus Stop No. 7 with Archana Trivedi (wife) on pillion seat. When they reached Nutan College at 5.30 p.m. driving the scooter with moderate speed of 20 km. per hour, truck No. MPF 7090 came with high speed driven rashly and negligently dashed against the scooter resulting in serious injuries to the claimant and his wife Archana Trivedi and she died of the same.

(3.) The matter was reported to the police of Habibganj, Bhopal and Crime No. 10 of 1990 was registered. It is stated that the deceased was graduate from Jiwaji Rao University, Gwalior and was desirous of Government service which she was likely to get very soon. At the time of accident, she was doing knitting and weaving work at home and earning more than Rs. 1,500 per month. Due to this accident, the claimant has been deprived of matrimonial life and put to lot of difficulties in life apart from suffering pain. Hence, claim of compensation of Rs. 15,70,000 has been made. The Tribunal has admitted the case set up by the claimant and rejected the defence of the respondents that scooter was being driven rashly and negligently and that the truck driver did not possess valid driving licence. Compensation of Rs. 62,100 has been awarded carrying interest at the rate of 12 per cent per annum from the date of application till payment. The claimant is not satisfied with this award, therefore, it has been challenged through this appeal and prayer for enhancement is made.