MAHILA ALKA Vs. VIPIN KUMAR AND OTHERS

JUDGEMENT

(1.) This is claimant's appeal under Sec. 173 of the Motor Vehicles Act against the award passed by the Fourth Motor Accident Claims Tribunal, Morena in Claim Case No. 61/99 for enhancement of compensation.

(2.) It was pleaded in the claim petition that on 24th Sept., 1995 Narendra Jain, Sidhar Singh, Laxminarayan, Mohar Singh, Ramgopal, Naeen Khan were travelling in Jeep No. M.P.06/1421 from Gwalior to Morena. At about 6.00 p.m. in the evening near the Petrol Pump of Banmore one truck No. M.P.06/E-444 was coming from the opposite side, which was being driven by Peetambar Singh. It was alleged that Peetambar Singh was driving the said truck rashly and negligently came on the wrong side and dashed the said jeep, as a result of the accident one Narendra Jain died on the spot and other persons sustained severe injuries. All the injured were referred for medical treatment to J.A. Group of Hospitals, Gwalior. During treatment Laxminarayan and Mohar Singh also died. A crime was registered in the police station and legal heirs of the deceased Laxminarayan filed a claim for compensation before the Claims Tribunal. Laxminarayan was a Lawyer and practising and also doing agriculture. The claim was contested and evidence was adduced before the Claims Tribunal. After considering the evidence of the parties, Claims Tribunal recorded a finding that the truck driver was responsible for the accident as the truck driver was driving the truck rashly and negligently. The Tribunal has also recorded a finding that Laxminarayan died in the accident and awarded compensation of Rs. 2,07,400 against which claimants have filed this appeal for enhancement of compensation. The only question involved in this appeal is enhancement of compensation and what should be the proper compensation in the case of the death of a Lawyer.

(3.) Claimant Alka Sharma (A.W. 3) was examined, who has stated that her husband was a Lawyer and he was enrolled three years before and he was also having agriculture land and income therefrom. The Tribunal has considered the income of the deceased at Rs. 2,000.00 per month and dependency at Rs. 1,350.00 per month. It was argued by Mr. B. D. Verma, learned Counsel for the appellant that the Tribunal has not properly considered the income of the deceased. The deceased was an Advocate and his income should be considered at least Rs. 4,000.00 per month minimum. The Tribunal has also found that the other evidence about the income has not been produced including the Income-tax Certificate.