SIKIA Vs. DHANRAJ SINGH

JUDGEMENT

(1.) THE appellants are the claimants who are the heirs of deceased Ganeshlal, who died in a motor accident on Ganeshlal, who died in a motor accident on 3. 2. 1982.

(2.) THE Claims Tribunal passed an award in the sum of Rs. 20,000/- jointly and severally against the respondent No. 2, Bhaiyalal driver and the respondent No. 4, Dalli Singh. The Claims Tribunal did not pass any award against the respondent No. 3, National Insurance Co. Ltd. , on the ground that the motor vehicle was not insured. The Claims Tribunal also did not pass any award against respondent No. 1, Dhanraj Singh, accepting his case that he, only about a month before the date of accident, on 1. 1. 1982 vide documents Exh. D/2 and Exh. D/3, had transferred the vehicle involved in the accident, i. e. , truck No. MRW 5973 in favour of the respondent No. 4. The respondent No. 5, Mahraj Singh, was the person on the vehicle, on behalf of the owner and, therefore, no award was passed against him.

(3.) THE learned Counsel appearing for the appellants, Mr. Alok Aradha, assailed the impugned award on two grounds. Firstly, it is submitted that an award should have also been passed against the respondent No. 1, Dhanraj Singh, as he was the real owner of the vehicle involved, but only to avoid his liability ante-dated documents of transfer of vehicle were manipulated by him. The second ground urged is on the question of quantum. It is urged that the deceased Ganeshlal was a young man of 38 years and as a barber, he was earning Rs. 1,000/- per month and on that basis the award passed in the sum of Rs. 20,000/- is too low and the compensation amount is liable to be enhanced.