SHAKUNTALA Vs. KUNNA DANGI

JUDGEMENT

(1.) THIS is claimants appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, 1988 against the award dated 26-7-2001 passed by Special Judge and Additional motor Accident Claims Tribunal, Gwalior in claim Case No. 1/2000.

(2.) BRIEF facts of the case are that deceased pannalal, aged about 26 years, who was a healthy man, was working as a driver on ambassador Car No. MP07-W-1067 owned by one Ravindra Kumar. On 26-2-1999 deceased Pannalal was coming to Gwalior from district Kakroli and he was driving the said car at his own side. The moment the car reached near Police Station Charbhuja, one truck No. RJ27/g-1673, which was being driven by respondent No. 1 rashly and negligently, dashed the Ambassador Car. As a result of this accident Pannalal died on spot. The matter was reported to Police Station charbhuja, crime was registered and after investigation charge-sheet was filed.

(3.) APPELLANTS those who are widow, three sons and one daughter of the deceased, have filed claim petition under Section 163 of the motor Vehicles Act, in which it was contended that deceased was working as driver, getting salary of Rs. 2000/- per month and daily allowance (Bhatta) at the rate of Rs. 50/- per day, as such he was getting total salary of Rs. 3500/- per month; they were all dependent on the income of the deceased and claimed compensation of Rs. 20. 00 lacs. It was further pleaded that the accident took place because of rash and negligent driving of the aforesaid truck and appellant No. 1 smt. Shakuntala, who is the wife of the deceased, became widow in young age.