ARUN KUMAR Vs. JAVEED KHAN

JUDGEMENT

(1.) Being aggrieved by the award dated 18.12.2000 passed by the Additional Motor Accidents Claims Tribunal, Maihar, in M.V.C. No. 50 of 1995, appellants have preferred this appeal for enhancement of the amount awarded by the Claims Tribunal and also prayed for setting aside the findings of contributory negligence regarding vehicular death of Sumanlata, wife of Arun Kumar.

(2.) The facts giving rise to this appeal are that on 12.9.1995 at about 10.30 p.m., Arun Kumar, appellant No. 1, along with his wife Sumanlata and labourer Kanchhedi Lal was coming from Nadan to Maihar by his Maruti van. On the way when they reached near Tilara and Behda a truck bearing registration No. MP 21-7325 came from opposite direction, driven by Jeevad Khan, the respondent No. 1, collided with Maruti van, which was already standing stationary on left side of the road by appellant No. 1. According to pleadings the accident was caused by the truck by coming to the wrong side. Arun Kumar, appellant No. 1, his wife Sumanlata and Kanchhedi Lal got injuries and Maruti van was also damaged. It is further pleaded that Sumanlata got serious injuries in left leg, left hand and on different parts of body so she was taken to hospital for treatment where she succumbed to injuries. On intimation an offence under sections 279, 337 and 304-A of Indian Penal Code was also registered by P.S., Maihar.

(3.) According to appellants deceased Sumanlata was looking after agricultural and household work while appellant No.1 was doing his business and social work at Maihar and by agriculture she was earning and contributing to family Rs. 1,00,000 per annum. With this background claim application for compensation of Rs. 29,50,000 was filed. Hazrat Ali, respondent No. 2, owned said truck while it was insured with respondent No. 3.