SUKMANI ALIAS JYOTI Vs. JAGDISH

JUDGEMENT

(1.) This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988, by the claimants against the award dated 17-5-2010 passed by First Additional Member, Motor Accident Claims Tribunal (for short 'the Tribunal') in Claim Case No. 39/2008. By impugned award the Claims Tribunal has awarded a total sum of Rs. 5,63,000/- with 6% interest per annum to the claimants by way of compensation for death of Jivanlal husband of appellant No. 1 and father of appellant No. 2.

(2.) The accident as pleaded took place on 17-3-2008 near Motighat on Lipre road when deceased Jivanlal husband of the appellant No. 1 and son of respondent Nos. 4 and 5 was going on his motorcycle towards his home meanwhile truck No. HR-38/L-9796 owned by respondent No. 2, rashly and negligently with high speed driven by respondent No. 1 Jagdish Prasad dashed the motorcycle resulting in his death on the spot. The Tribunal granted compensation of Rs. 5,63,000/- alongwith 6% interest. Claimants have filed this appeal for enhancement of the quantum and further submitted that Tribunal has committed a mistake while dividing the amount in 4 part whereas appellant/ wife and his son got 50% and his parents, i.e., respondent Nos. 4 and 5 was granted 50% of the awarded amount.

(3.) Shri Tiwari, learned Counsel for the appellants submitted that deceased was working in Raymond Company (Textile Division Chhindwara) and various pay certificates, i.e., Exh. P-14 to P-26 are also filed. Shri Tiwari submitted that as per last pay certificate (Exh. P-27) deceased was getting gross pay of Rs. 6,252.62 even then the Tribunal has held his income as Rs. 5,000/- per month. Shri Tiwari, learned Counsel for the appellant submitted that deceased has left behind himself widow lady, appellant No. 2 a minor son and old mother and father.