DURGA KORI Vs. RAM GOPAL

JUDGEMENT

(1.) The appellants have preferred the miscellaneous appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation amount being aggrieved by impugned award dated 21.07.2004 passed by the Xlth Additional Motor Accident Claims Tribunal, Jabalpur in MVC No.09/04 whereby the compensation amount of Rs.2,63,000/- has been awarded alongwith interest at the rate of 6% per annum.

(2.) The admitted facts are that the respondent No.2 Smt. Raj Rani Tripathi was owner of the truck No. MP 19/1981, the respondent No.l Ramgopal was driver of the truck and the respondent No.3 the New India Assurance Company Limited was insurer of the truck. The accident occurred due to rash and negligent driving of the truck by respondent No. 1 Ramgopal and Rewaram Kori died in the accident. The respondent No.5 the Oriental Insurance Company Limited was insurer of the jeep No. MP 20-FA/0122. The appellant No.l Smt. Durga Kori is widow, appellant No.2 to 4 are children and appellant Nos.5 and 6 are parents of the deceased. The deceased was driver of the jeep.

(3.) The facts of the case in a nutshell are that on 28.11.2002 at about 9:30 p.m. deceased Rewa Ram was driving jeep No. MP 20-FA/0122 he was going to Sihora for the work of Bank and other persons were also sitting in the jeep. The respondent No. 1 by driving the truck rashly and negligently dashed the jeep No. MP 20-FA/ 0122, the jeep turned turtle and Rewa Ram sustained injuries and died on the spot. The FIR was lodged. The respondent No.l was charge-sheeted. The deceased was getting handsome salary. The appellants claimed compensation amount of Rs.13,92,000/-.