KUMUD GURJAR Vs. DHANILAL

JUDGEMENT

(1.) APPELLANT/claimant has preferred this appeal against the award dated 12-1-1999 passed by Third Additional Motor Accident Claims Tribunal, Bhopal in Claim Case No. 44/98 for enhancement of compensation awarded by the Tribunal regarding vehicular death of Kedarnath.

(2.) ACCORDING to factual matrix of the case, the husband of appellant No. 1, father of appellant Nos. 2 and 3 and son of appellant No. 4 namely Kedarnath on 9-9-1997 at about 12. 00 in the night was going by his scooter bearing registration No. MP 04-1458 from Subhash Nagar to his residence but on reaching near to Dharmkata the bus bearing registration No. MP 04-H-7649 driven by respondent No. 1 in rash and negligent manner came there from opposite direction and dashed to his scooter. Resultantly he sustained injures and taken to Hamidia Hospital where he died at about 2. 00 o'clock in the night. The offence was registered against respondent No. 1 by P. S. Jahangirbad and on investigation charge-sheet under Section 304-A of the IPC was submitted.

(3.) IT has also been pleaded that the deceased was working as LDC in M. P. Kala Parishad and his salary was Rs. 4,303/- p. m. while he was entitled Rs. 5,565/- p. m. as per new fixation and his promotion for the post of Account Officer was due, where he would have received the salary Rs. 15,493/- p. m. and due to his untimely death the appellants have been deprived from dependency. The Bus was owned by respondent No. 2 while insured with respondent No. 3, with this back ground the claim was preferred for Rs. 16,85,000/ -.