RAJESH ALIAS RAJESWARI Vs. LAKHAN SINGH

JUDGEMENT

(1.) This appeal by the claimant is for the enhancement of the compensation awarded to them by the Second Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 44 of 1994 decided on 28.1.1998.

(2.) It is the case of the claimant that they are the wife and children of late Raghunath Singh Gurjar who met with an accident on 16.3.1992 in the evening at 6 p.m., when he was going on his motor cycle No. CPH 3809 with claimant No. 1 sitting behind him. When they reached the railway crossing near Vikky Factory, the railway gate was closed, therefore, the motor cycle was stopped, a truck bearing No. MKH 7754 came from behind dashed against the motor cycle because of which many persons were injured. Raghunath Singh sustained serious injuries and died on the spot itself.

(3.) It is averred that Raghunath Singh was aged 38 years and was working as a Junior Scientist in the Agricultural Department Institute. He was earning Rs. 5,950 per month. Certificate Exh. P-3 is the salary certificate issued by the department which shows that income of the deceased Raghunath Singh was Rs. 5,950 per month. That apart, the age of Raghunath Singh is 38 years as is evident from post-mortem report and other documents.