(1.) THIS appeal is filed by the claimants under section 173 of the motor Vehicles Act, 1988, being aggrieved by the award dated 2. 1. 2001 passed by the ninth Additional Member Judge, Motor accidents Claims Tribunal, Gwalior, in claim Case No. 71 of 1997 whereby the claims Tribunal has awarded a sum of rs. 2,39,900 towards compensation for the death of Ramgopal.
(2.) THE brief facts of the case are that on 31. 3. 1997 Ramgopal along with his colleague omi alias Om Narayan was going on scooter in slow speed on left side of the road. When they reached near the Urwai gate near Shiv Temple, Rajesh, respondent no. 1, driving tractor-trolley No. MP 07-H 2696 dashed against the scooter, which has resulted in death of Ramgopal. Hence, the legal representatives of Ramgopal, i. e. , his widow, sons and daughters and mother have filed an application for compensation before the Claims Tribunal.
(3.) THE Claims Tribunal found that the accident has occurred due to rash and negligent driving of the tractor driver, Rajesh kumar, respondent No. 1 and the vehicle was owned by Gangaram Sharma, respondent No. 2 and was insured with insurance company, respondent No. 3. The Claims tribunal also found that the deceased was about 35 to 40 years of age and he was earning a sum of Rs. 18,000 per annum from tailoring and accordingly assessed the compensation at Rs. 2,39,900.