MANJU BAI Vs. SHEIKH SALEEM

JUDGEMENT

(1.) THE facts of the case are that on 18.3.2003 deceased Jagdeesh along with his brother-in-law Chhagan was going on a motor cycle bearing No. 09/JT/2218 towards his village when they reached near Khudel by-pass then respondent No. 2 came driving truck bearing No. M.P. 09-K.A-4486 rashly and negligently from wrong side and dashed to the vehicle of the deceased Chhagan. Jagdeesh and Chhagan both died on the spot due to this motor accident. The incident was reported to police station Khudel, District-Indore on the same date. It has been averred in the claim petition that deceased Chhaganlal was running a tea stall in Peethampur and was earning Rs. 5,000/- per month from his tea shop. He was aged about 30 years, therefore, claimants submitted claim petition for seeking an award of Rs. 15 lacs before learned Tribunal.

(2.) RESPONDENTS No. 1 and 2, Sheikh Saleem and Harisingh driver and owner of the offending vehicle remained absent on service of notice and they proceeded ex parte. However, Respondent No. 3 Oriental Insurance Company controverted the submissions made in the claim petition and contended that the owner, driver and Insurance Company of the motor cycle are also necessary party and so the claim petition suffers with a defect of none implication of necessary party. It is also being averred that respondent No. 2 was not having valid and effective driving licence. On the date of incident, therefore, the insurance company is not liable to pay any amount of compensation.

(3.) ONLY ground raised by the appellant is regarding quantum of compensation. It has been submitted by learned counsel for the appellant that the compensation awarded by learned Tribunal is much inadequate and requires enhancement. It has been submitted that the deceased was running tea stall and his income has been proved by leading oral evidence. On the basis of the evidence led by the appellant the income of the deceased ought to have been held proved as Rs. 5,000/- per month, but the learned Tribunal without any basis assessed the income as Rs. 1,500/- per month.