PREMCHAND KHATWANI Vs. GOPAL THAKRE

JUDGEMENT

(1.) This appeal is directed against the award dated 5.10.2001, passed by the Motor Accidents Claims Tribunal in Claim Case No. 46 of 2000.

(2.) Shortly stated, the accident took place on 18.10.1999 when Tempo-Trax bearing No. MH 35-C 9670, driven rashly and negligently, hit the motor cycle bearing No. MP 22-D 2663, of the deceased resulting in his death on the spot and pillion rider Ashok Chawla received injuries. The allegation is that the accident took place due to rash and negligent driving of the Tempo-Trax. The Claims Tribunal has accepted this allegation, therefore, recorded finding against the owner and driver of the offending vehicle, which was insured with Oriental Insurance Co. Ltd., rejecting thereby the defence taken by respondents in this case. Evidence perused. It is clearly a case of accident committed on account of rash and negligent driving of Tempo- Trax by its driver, therefore, finding of the Tribunal on this aspect is confirmed.

(3.) Serious dispute arises between the parties with regard to assessment of compensation. Mr. Aditya Sanghi, the learned counsel appearing for claimants, submits that the Claims Tribunal has not assessed the compensation properly. From the business records of Apsara Sales Corporation, it can be said that the deceased had 50 per cent share in this concern, therefore, entitled to 50 per cent profit on the sale. That apart, the deceased has been taken to be son of salesman, which is not so. That apart, deceased was earning Rs. 6,000 per month from the shop of his uncle carried separately in the same market. Therefore, the claim preferred by the claimants has to be allowed.