JANKI AND OTHERS Vs. AFROZ AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by claimants for enhancement of compensation aggrieved by award dated 2nd May, 2000 passed by Fifth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 64/98. The claimants widow, children and the parents of deceased Chhatrapal preferred Claim Case No. 64/98 claiming compensation of Rs. 9,50,000.00.

(2.) It was claimed that on 14th May, 1998 Chhatrapal and Arjun Singh were going in the tractor (HR 09-5167) from Morena to Gwalior. In front of petrol pump Rairu Firm, Afroz Khan, driver of the tanker (AS 04-A-5537) dashed the tractor in which Chhatrapal was travelling, who died during the course of treatment. Report of the accident was lodged at Police Station Purani Chhawani by Mansingh, driver of the tractor. Offence at Crime No. 75/98 was registered against Afroz Khan, driver of the tanker. Tanker was seized and driver of the tanker was charge-sheeted. Claimants further submitted that deceased was the bus conductor and earning a sum of Rs. 3,600.00 per month, inclusive of Rs. 20.00 per day as allowances. The said tanker was owned by M/s. Sitaram Mai and insured with The New India Assurance Company Ltd.

(3.) Owner and driver of the tanker remained ex-parte.