SARITA Vs. MAHBOOB KHAN

JUDGEMENT

(1.) COUNSEL for the appellants. Ms. Sudha shrivastava, counsel for the respondent No. 2. With the consent of the parties, the appeal was finally heard. By this appeal the appellant seeks enhancement of the compensation awarded by the Additional Motor accidents Claims Tribunal, Jaora in Claim case No. 101 of 2003 vide award dated 9. 12. 2004 whereby the Claims Tribunal has awarded a total sum of Rs. 4,54,000 as compensation as against the claim of rs. 39,20,000 for death of Chandrakant, husband of appellant No. 1, Sarita, son of appellant Nos. 2 and 3, Girishchandra and sushila and the father of appellant No. 4, kuldeep Joshi.

(2.) ON 29. 9. 2003, deceased Chandrakant joshi along with Shahid Khan and omprakash Trivedi had gone on motor cycle bearing registration No. MP 14-M 440 to m. P. Electricity Board and while they were returning, the driver, non-applicant no. 1, Mahboob Khan came driving truck from behind bearing registration No. MP 09-D 4513 and on account of the rash and negligent act of the said driver, there was collision with the motor cycle and the three persons mounted thereon came under the truck and died instantaneously.

(3.) ACCORDING to the claimants, Chandrakant joshi, aged 28 years, was a 'b' class contractor registered with M. P. Electricity board and at the time of the accident, he had been awarded work order with regard to the installation of the new meters in the area. It was also averred that he was having a shop of electrical appliances from which also he had income of Rs. 5,000 per month. Claiming that the total income of chandrakant was Rs. 20,000 per month, the said amount of compensation was claimed. The claims Tribunal has, however, awarded rs. 4,54,000 and, therefore, dissatisfied, the claimants have filed this appeal for enhancement.