SONALI Vs. DINESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal being aggrieved by the impugned award dated 31. 8. 2004 passed by the Motor Accidents Claims Tribunal, khandwa in Claim Case No. 62 of 2003 for enhancement of compensation amount.

(2.) ADMITTED facts are that Atul Shah, respondent No. 2, was owner of bus No. MP 12-B 3745 and Dinesh, respondent No. 1, was driver of the bus on the date of the incident. New India Assurance Co. Ltd. , respondent No. 3, was insurer of the bus.

(3.) THE facts of the case in brief are that appellant Nos. 1 and 2 are daughter and son of the deceased Sukhlal alias Ramcharan; appellant No. 3, Anita Bai is widow of the deceased and appellant No. 4, savitri Bai is mother of the deceased. They were dependent on the deceased. Deceased was earning Rs. 9,000 per month working as carpenter. On 11. 5. 2003 deceased was coming by motor cycle with Sukhlal, son of Tantulal. Sukhlal, son of Tantulal was driving motor cycle. Respondent No. 1 by driving bus No. MP 12-B 3745 rashly and negligently dashed motor cycle by front side near village Chhegaon. At the time of accident the motor cycle was stationary. Sukhlal alias Ramcharan, Sukhlal, son of tantulal and Ashok sustained injuries and succumbed to the injuries. The report was lodged and case was registered against respondent No. 1.