VIMLA DEVI Vs. ASHOK SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimants under section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') challenging the award dated 19.10.2005 passed by the 5th Additional Motor Accident Claims Tribunal (Fast Track Court), Morena in Claims Case No. 58/04, whereby the learned Tribunal awarded a sum of Rs. 1,59,500/- with interest @ 6% per annum and also directed to pay the amount within a period of 2 months from the date of passing of the award, failing which they shall be further liable to pay interest @ 9% per annum from the date of filing of the claim till its payment. The other finding pertaining to rash and negligent driving of the vehicle by the truck driver respondent No. 2 and liability of the Insurance Comapny is not under challenge.

(2.) LEARNED counsel for the appellants submitted that deceased Lakhan alias Brijraj Singh was doing the work of motor binding and from the said work he was earning Rs. 5,000/- per month. He was also doing the business of milk selling and from the said busines his income was Rs. 3,000/- per month.

(3.) SMT . Vimla Devi (AW 1) in para 3 of her statement has stated that at the time of death, the deceased was earning Rs. 8,000/- per month. In para 5 of her cross examination, she very specifically admitted that she had not filed any document to prove that the deceased was doing motor binding work. In paras 9 of her cross examination she admitted that the deceased was having motor binding shop, but no document has been filed nor she identified the said shop nor she gave any details about the shop nor any rent receipt was filed. In respect of selling of milk she has no detail of the income of the deceased.