JHEESHADEVI PASWAN Vs. KISHAN BABBU RATHORE

JUDGEMENT

(1.) This appeal is being filed by the claimant for enhancement of compensation under Section 173 of the Motor Vehicles Act, challenging the award dated 28-2-2002 passed by the 3rd Additional Member Judge, Motor Vehicle Accidental Tribunal, Gwalior, whereby sum of Rs. 1,60,000/- (One Lac Sixty Thousand), has been awarded as compensation for the death of deceased V.C. Paswan.

(2.) The brief facts of the case is that claimant have filed a claim petition before Claims Tribunal under Section 166 read with Section 140 of the Motor Vehicles Act. It was alleged that the deceased was travelling in a Tempo bearing vehicle No. UGG-127. He was going from Shivpuri towards Sharda Solvent Company. The deceased met with an accident with Tata-407 bearing vehicle No. MP-07/1688, got injured and died. His widow Smt. Jheeshadevi Paswan has filed an application for compensation that the accident has taken place due to the negligence of respondent Nos. 1 and 2 and was insured by respondent No. 3. The Tribunal has awarded compensation as indicated above.

(3.) The Counsel for the appellant submitted that the deceased was working as Pallaydari (labour) in Sharda Solvent Company and was getting wages of Rs. 150/- per day. According to the claimants his income was Rs. 4,500/- per month. However, there is no documentary proof on record showing that the deceased was getting Rs. 4,500/- p.m. The statement recorded of P.W.1, P.W.3 and P.W.4 shows that deceased was working in Sharda Solvent Company on daily wages. The accident took place in the year 1998 at that time the daily wages for the labourers were around Rs. 70/- to 80/- per day.