NOHRI DEVI Vs. BANE SINGH

JUDGEMENT

(1.) BY this appeal under section 173 of the Motor Vehicles Act, the appellants have assailed the award dated 9.5.2000 passed by the Additional Motor Accidents Claims Tribunal, Khachrod in Claim Case No. 15/98 by which the Tribunal has awarded a sum of Rs. 3,97,000/ - for the death of the husband of appellant No. 1 Smt. Nohri Devi and father of appellants No. 2, 3 and 4 in a motor accident.

(2.) ACCORDING to the case of the appellants, while deceased Ramavtar was proceeding on his bicycle, respondent No. 2 Laxman Singh came driving a tractor and on account of his rashness and negligence, the tractor collided with Ramavtar resulting in his instantaneous death. It was alleged that Ramavtar was working in the Grasim Industries, from where he was getting annual salary of Rs. 86,735/ -, in respect whereof the appellants had filed salary certificate Ex. P -1 and the certificate of income Ex. P -2. In this context a sum of Rs. 32,75,000/ - was claimed but since only Rs. 3,97,000/ - have been awarded, this appeal has been filed for enhancement.

(3.) IN view of the pleadings of the parties, the Claims Tribunal framed five issues and came to the conclusion that the accident occurred on account of rashness and negligence of respondent No. 2 in driving the offending tractor which resulted in Ramavtar's death. It negatived the plea of the Insurance Company that the respondent No. 2 did not have a valid and effective licence. In view of the material placed on record, the Tribunal awarded a sum of Rs. 3,97,000/ -.