RAM SINGH PARTIYA BANZARA Vs. AMRITLAL DEVANGAN

JUDGEMENT

(1.) APPELLANTS/claimants Ram Singh and Suwali are the parents of Ku. Bhigni Bai @ Bikri Bai who died in an automobile accident in the intervening night of 7th and 8th April, 1990. They have filed this appeal for enhancement of compensation awarded by First Additional Claims Tribunal, Jagdalpur vide award dated 20-10-1992 passed in claim case No. 3/90.

(2.) THE accident occurred when truck No. M. B. S.-9055 carrying cement bags, owned by respondent No. 3 and driven by respondent No. 1 overturned. Bikri Bai was one of the passengers in this truck. She was crushed under the cement bags and died on the spot. The truck was insured with respondent No. 2 at the time of the accident.

(3.) ACCORDING to the claimants, the deceased was aged about 16 years at the relevant time. She was their only child. She was working as a labourer earning Rs. 19/- per day. Her monthly emoluments were around Rs. 550/- out of which she used to spend Rs. 150/- per month on herself and used to give Rs. 350/- per month to her parents. The accident was as a result of rash and negligent driving of the truck. The compensation claimed was Rs. 1,62,500/ -.