GHURAUA Vs. MPSRTC

JUDGEMENT

(1.) THE appellant -claimants have preferred this appeal under section 173 of the Motor Vehicle Act, 1988, (hereinafter referred to as Motor Vehicle Act for brevity). Feeling aggrieved by an award dated 20.1.1996 passed by the Motor Accidents Claims Tribunal, Sidhi, in motor claim case No. 51/91 whereby the claims tribunal had awarded compensation amount of Rs.50,000/ - together with the interest @ 12% per annum from the date of filing of this claim petition till the date of realization in favour of the appellants against the respondents.

(2.) BRIEF facts of the case which are necessary for the disposal of this appeal are that on 11.6.1991 at about 6.45 p.m. deceased Premlal aged about 41 years was going to his village Padkhuri from district headquarter Sidhi on his motor cycle No. M.P. 17/2965 when he reached near Barorha on that spot one M.P. State Road Transport Corporation Bus No. M.K.H. 7534 which had been driven by respondent No.3 rash and negligently, dashed the motor cycle of deceased Premlal thereby deceased Premlal sustained grievous injury on his head and various parts of his body, due to grievous injury the deceased died on the spot itself. Police Churhat had registered a criminal case against the driver respondent No.3, under sections 304 -A IPC. The concerning bus belonging to the M.P. State Road Transport Corporation was attached with its Shahdol Depot. The appellants who is the wife of the deceased Premlal and appellants No.2 and 3 are the minor sons of the deceased Premlal. Deceased was a contractor and also an agriculturist thereby earning 24,000/ - per annum as agricultural income and Rs.15,000/ - per annum earning from contractorship. By this income he was maintaining his family. On these allegations the appellants had filed a claim petition under section 166 of the M.V. Act before the Claims Tribunal at Sidhi claiming compensation amount of Rs.6,30,000/ - from the respondents. The learned claims tribunal after appreciation of the evidence on record awarded the compensation amount of Rs.50,000/ -only in favour of the appellants. Feeling aggrieved by the aforesaid quantum of compensation amount the appellants have preferred this appeal.