SUNITA Vs. KILVIR SINGH

JUDGEMENT

(1.) THE appellants who are the claimants have filed this appeal for enhancement of compensation under section 173 of the Motor Vehicles Act, against the award dated 7. 7. 2000 passed by Fourth motor Accidents Claims Tribunal, Morena in Claim Case No. 84 of 1998.

(2.) BRIEF facts of the case are that on 3. 3. 1998 at about 9 p. m. deceased Pretipal singh Was working as driver on truck No. MP 06-E 1086. The said truck was standing on A. B. Road opposite Rajgarh Farm. When Pretipal Singh was tying the rope behind the truck, another offending truck No. PB 08-F 1251, which was being driven rashly and negligently, came and dashed the truck No. MP 06-E 500 and as a result of this dash, this truck entered into another truck No. MP 06-E 1086 and caused accident. The deceased came between the two trucks and died on spot. The driver of the truck which caused accident was caught on spot. The report of the accident was lodged at P. S. , Kshipra where crime was registered. The claimants who are the widow and son of the deceased including parents of the deceased, filed claim petition for claiming compensation of Rs, 18,00,000 against the owner, driver of the offending truck, including the insurance company. It was pleaded in the claim petition that the deceased was aged about 28 years. He was driver on the truck and was getting salary of Rs. 3,000 per month and Rs. 30 per day as allowance. The parents, widow and son were depending on the deceased. Before the Claims Tribunal the respondent No. 2 remained ex parte. Defence of respondent no. 1 was struck off by the Tribunal on 5. 8. 1999 and the claim was contested by the insurance company. The insurance company pleaded that the accident took place because of rash and negligent driving of truck Nos. MP 06-E 500 and MP 06-E 1086 and they are liable not the offending truck for causing the accident. Thereafter the Tribunal recorded a finding that the accident was caused by truck No. PB 08-F 1251 with the help of truck No. MP 06-E 500 and, therefore, the deceased died. The tribunal held that insurance company of offending vehicle/truck No. PB 08-F 1251 is liable for compensation and awarded compensation of Rs. 2,02,000. Seeking enhancement of compensation the appellants have filed this appeal.

(3.) WE have heard the learned counsel for the parties and perused the evidence on record.