DEVKUNWARBAI Vs. SAIDA BEGAM

JUDGEMENT

(1.) BY this appeal, the unfortunate widow and two children of the deceased Radheshyam seek enhancement of the amount of compensation awarded by the 1st Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 259/2003 vide award dated 8.11.2004 by which a total sum of Rs. 2,55,00/- has been awarded as against the claim of Rs. 25,00,000/-.

(2.) ACCORDING to the case of the claimants, on the night intervening 22nd and 23rd June, 2002 at about 3 a.m., Radheshyam along with his Cleaner Badam (AW 2) were coming from Mumbai to Chandwad. It was alleged that the deceased was driving his Eicher carefully and keeping to his side but the driver of the Bus bearing Registration No. MH-18-E 7386 approached from the opposite side at an alarming speed with the result, on account of the rashness and negligence of the driver of the Bus, there occurred an accident in which Radheshyam died. Report of the incident was lodged at Police Station Badner Bhairav (District Nasik). The deceased Radheshyam was the owner and the driver of his vehicle and was earning Rs. 10,000/- per month from the use of the said vehicle. It was in this context that a sum of Rs. 25,00,000/- was claimed as compensation on account of the death of Radheshyam in the said accident.

(3.) THE Claims Tribunal framed five issues in view of the pleadings of the parties and came to the conclusion that it was on account of the contributory negligence of both the vehicles that the accident occurred resulting in death of Radheshyam. It was also held that it was not proved by the Insurance Company that the Bus driver did not have a valid license. The Tribunal has come to the conclusion that though it was claimed that the deceased had income of Rs. 10,000/- per month, the income proved was only Rs. 4,000/- per month and in this view of the matter, keeping in mind that the deceased had contributed equally to the accident, a total sum of Rs. 2,55,000/- was awarded.