KATORIBAI Vs. JAGANNATH

JUDGEMENT

(1.) This appeal is filed by the claimants for challenging the award dated 9.5.2000 passed by the Second Additional Member Judge, Motor Accidents Claims Tribunal, Bhind in Claim Case No. 2 of 1999.

(2.) The brief facts of the case are that the appellants-claimants have filed the claim petition alleging that Rajaram who is the husband of appellant No. 1 and the father of appellant Nos. 2 to 5 was travelling in jeep No. MP 06-D 262. He was going from Bhind towards Mehgaon. The jeep was driven by Jagannath, respondent No. 1. He was driving the jeep in very high speed and was negligently driving. The jeep dashed against a trolley which was parked on the side of the road. Deceased Rajaram was injured in the said accident and due to the injuries, he died on 1.2.1998. The claimants who are wife and children of the deceased have filed the application for compensation on the ground that Rajaram was aged about 35 years, who was earning Rs. 125 daily by way of labour. He was a skilled daily labourer.

(3.) The Tribunal found that the accident had taken place due to rash and negligent driving of respondent No. 1 and awarded compensation to the tune of Rs. 2,83,000. The claimants have preferred this appeal for enhancement of compensation and the insurance company has also filed cross- objection for reduction of compensation.