AMNA BI Vs. ROYAL TRANSPORT SERVICE

JUDGEMENT

(1.) THIS is claimants appeal under section 173 of the Motor Vehicles Act seeking enhancement of the compensation granted by the Motor Accident Claims Tribunal, Vidisha in Claim Case No. 138/2002.

(2.) CLAIMANTS are the widowed mother and invalid brother of deceased Sajid khan who was working as driver in truck bearing CH-7814. It is stated that on 28-8-2002 when Sajid Khan was working as driver and was checking nut bolts of the wheels after parking the truck by the road side, a bus bearing No. M. P. 04-F-0526 belonging to respondent No. 1, driven by the respondent No. 2 and insured with respondent No. 3 came from the opposite direction, it was driven in rash and negligent manner and dashed against the truck, as a result injuries were sustained by Sajid Khan and he died on the spot. Inter alia contending that Sajid khan was earning Rs. 3000/- as salary per month, was paid daily allowance of rs. 75/-, appellant No. 1 widowed mother and appellant No. 2 handicapped brother are totally dependent upon the deceased claimed compensation of rs. 13,60,000/ -. On the basis of material and evidence that came on record learned tribunal assessed the income of Sajid Khan at Rs. 1500/- per month and after deducting Rs. 1000/- for self expenses dependency has been assessed at rs. 500/- per month, considering the age of appellant No. 1 to be about 70 years and taking note of the fact that appellant No. 2 is invalid brother aged 17 years multiplier of 13 is applied and the compensation determined at Rs. 1,56,000/-thereafter adding a sum of Rs. 2,000/- towards funeral expenses, Rs. 5000/- for loss of love and affection a total compensation of Rs. 1,63,000/- is awarded. Inter alia contending that the compensation is very much on the lower side assessment of income of Rs. 1500/- per month is on the lower side, dependency is not properly assessed, this appeal is filed seeking enhancement of the compensation.

(3.) SHRI K. M. Mishra, learned counsel for appellants invites our attention to the driving licence of the deceased Ex. P/7 statement of PW/1 Amna Bi and pointed out that Sajid Khan was working as driver and according to claimant her son was earning Rs. 3000/- per month along with Rs. 75/- daily allowance. PW/2 hari Singh who is owner of the truck in which Sajid Khan was working as driver has also stated that he was paying Rs. 3000/- per month and Rs. 75/- as daily allowance to the deceased. It is stated by Shri K. M. Mishra, that in rebuttal as no evidence is lead, learned tribunal has committed grave error in ignoring the statement of PW/1 Amna Bi and PW/2 Hari Singh in the matter of determining salary of deceased Sajid Khan and by assessing salary on the basis of improper assessment of evidence it is argued that tribunal has committed grave error which warrants interference now in this appeal.