PARASRAM Vs. SEKH KAYUM

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Seoni in M.C.C. No. 116 of 1999 dated 30.9.2000.

(2.) Claimants are the parents of deceased Mamta who died in a motor accident on 23.11.1999 when one truck bearing registration No. MP 20-G 3852, driven rashly and negligently, hit the deceased in front of Government School, Jewnara. At the time of accident the deceased was 18 years old, studying in B.A. 2nd year. She was also earning Rs. 3,000 per month by doing tailoring work. The Claims Tribunal has come to the conclusion that the accident took place as alleged due to rash and negligent driving of the offending vehicle by its driver. Compensation of Rs. 1,24,500 (rupees one lakh twenty-four thousand and five hundred only) has been awarded along with interest at the rate of 12 per cent per annum from the date of claim application, settling annual dependency at Rs. 10,000 (rupees ten thousand), thereby rejecting the evidence that the deceased was earning Rs. 3,000 per month by doing the tailoring work.

(3.) Through this appeal, the assessment of compensation by the Claims Tribunal has been challenged. Mr. Naman Nagrath, learned counsel for the appellants submits that the Tribunal has erroneously rejected the evidence with regard to the income of the deceased by tailoring work, therefore, this income be taken into consideration for determination of compensation.