RAJ KUMARI SINGH Vs. RAMBEER

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants seeking enhancement of compensation aggrieved by an award dated 11. 12. 2003 passed by Ninth Additional motor Accidents Claims Tribunal, Jabalpur in M. V. C. No. 45 of 2002.

(2.) IN an accident dated 2. 6. 2001 when rajendra Singh was going in his Maruti van No. MP 21-2488 near village Gint, he was dashed by a truck No. HR 38-E 1278. Truck was driven as per the claimants at excessive speed and dashed the car of the deceased, consequently Rajendra Singh died and another person sustained injuries. Truck was driven by Rambeer alias Arvind, owned by Jaswant Singh and insured with new India Assurance Co. Ltd. Rajendra singh was driving a Maruti van. He was travelling from Jhansi to Jabalpur along with G. P. Vishwakarma and Ram Bai on sagar Jhansi Road, NH 26, accident took place near village Gint in spite of the fact that deceased stopped Maruti van on one side, still driver of the truck dashed the stationary Maruti van owing to which injuries were sustained. Rajendra Singh succumbed to the injuries, F. I. R. was lodged at P. S. Bandri at Crime No. 109 of 2001, charge-sheet was filed against driver of the truck before JMFC, Khurai.

(3.) DECEASED Rajendra Singh used to work as skilled meltor in Grey Iron Foundry, Jabalpur. It was claimed that he was earning a sum of Rs. 13,000 per month. He was the only person providing succour to the family. The claim petition has been filed by the widow, daughter and two sons of the deceased and a total compensation of Rs. 25,20,000 was claimed. The date of birth of the deceased was 1. 1. 1956, as on the date of accident his age was above 45 years.