KAMLABAI Vs. ASHA SHARMA

JUDGEMENT

(1.) CLAIMANTS are not satisfied with what is awarded to them by the Tribunal. They wanted more and hence are in appeal under Section 173 of M.V. Act. The impugned award is dated 22.9.1994 passed by VI M.A.C.T. Indore, in Claim Case No. 67/1993.

(2.) ON 11.2.1993 Atma Ram aged 30 years while going on cycle on A.B. Road, Indore, was dashed by Truck bearing No. M.P./14/3237. He died on the spot. This led to filing of claim petition out of which this appeal arises by the appellants (claimants) who are deceased wife, son and daughter. According to claimants, the accident was due to rash and negligent driving of the driver of offending truck. They alleged that deceased was earning about Rs. 2,000/ - per month from his service in one Hotel - Gajanan Tea Stall. It was alleged that at the relevant time the truck in question was insured with respondent No. 3. They claimed a sum of Rs. 5 lakh by way of compensation.

(3.) THE Tribunal while holding the truck driver guilty of rash and negligent driving held that claimants are entitled to get a compensation of Rs. 1,50,000/ -. It is against this award, the claimants are in appeal for enhancement.