SHUKH DEVI Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) Feeling dissatisfied with the amount of compensation determined by the learned Claims Tribunal Lahar, district Bhind (M.P.) in Claim Case No.9/99, the claimants/appellants have preferred this appeal.

(2.) In this case, one Ravindra met with an accident with Jeep No.MP06/6561. Appellant No.1-Smt. Shukh Devi and appellant No.2-Dwarika Prasad are the parents of the deceased while appellant No.3-Umakant and appellant No.4-Saguna are respectively brother and grandmother of the deceased. The wife of the deceased has been arrayed as respondent No.4. Other respondents, i.e., No.1,2 and 3 are owner, driver of the bus and New India Insurance Company, hereinafter referred to as the "Insurance Company". Before the claims tribunal, respondents No.1 and 2 were served with notices but they did not appear and hence proceeded ex-parte. The respondent No.3-Insurance Company appeared and filed the written statement denying the averments of the claim-petition. On the basis of the pleadings of the parties, the learned tribunal framed the issues. After appreciating the oral evidence and analysis of documentary evidence, the learned tribunal passed the impugned Award, awarding compensation overall to the sum of Rs. 2,48,000/- in favour of only claimant-appellant No.1 and respondent No.4, mother and wife of the deceased in the ratio of 20-80 of the award. Being aggrieved, the appellants have challenged the same by filing the present appeal, as mentioned above.

(3.) Learned counsel for the appellants contended that the deceased was earning member in the family. He was employed privately and earning monthly Rs.3,000/-. After death of her husband, the respondent no.5-wife has suffered loss of love and affection. After his death, there was nobody to look after the family, hence, claiming to be dependents on the deceased, claim petition was filed before the learned tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for award of compensation but the tribunal has overlooked all these facts and passed the award in the manner indicated above, which is liable to be set aside. It is, therefore, prayed that the appeal may be allowed and appropriate directions may be issued for compensation in favour of the appellants.